Go Ad-Free on CAclubindia with Daily Mobile Updates. Subscribe Now!

Claiming refund of tds

Lakshmi Muralidharan (Student) (119 Points)

15 December 2015

XYZ & Co. had filed returns of AY 2008- 09 within the due date claiming a refund of 1 Lakh rupees. The intimation u/s 143(1) has not been received yet. After few requests for refund, an amount of 50,000 has been approved by the income tax department in Dec 2015. Can the firm claim refund again for the balance amount? Is there any time limit for claiming it?

Reply
Follow
Share

5 Replies

S. Shiroor (Others) (1207 Points)
Replied 15 December 2015

You have to file for rectification if certain TDS is not taken. If any TDS is not seen in the 26AS one should tell the Deductor to rectify his TDS return.

Upgrade to CAclubindia Pro. Subscribe Now!

Lakshmi Muralidharan (Student) (119 Points)
Replied 15 December 2015

It is reflected in 26 AS. but the dept has not given the whole amount. a copy of 143(1) has been requested for to know why there is a difference. My question is whether we can demand refund again after receiving 143(1)? or is there a time limit?

S. Shiroor (Others) (1207 Points)
Replied 15 December 2015

Yes you can apply for rectification. Unless 143(1) comes you will not be able to understan what IT dept has missed out. You can rectify upto certain time limit from date of receiving 143(1) . but there could be a catch the 143(1) must have been dated 2010 - just check.

I have also not recived 143(1) for AY 2009-10. but after getting a copy of 143(1) i found that the date was oct 2010. I filed for rectification in aug 2015. It is pertaining to TDS not rectified at the time of assesment.

Lakshmi Muralidharan (Student) (119 Points)
Replied 15 December 2015

Okay. Thank you. That was useful.

S. Shiroor (Others) (1207 Points)
Replied 15 December 2015

Main Issue is of Advance Tax paid online in FY 2007-08. The payment goes to Mumbai Nodal branch and though Ad Tax is seen on NSDL website and in 26AS -it will be seen on IT inspector's screen as suspense account. Some IT inspectors dont know how to migrate the Adv tax from Mumbai to the person's account thro OLTAS.

In my case for AY 2008-09 the adv tax of 25k was paid on 7/12/2007 but till 12th dec 2015 it was showing as suspense in IT inspector's system even though it was showing in 26AS and NSDL challan inquiry status.