Hi, my brother is a salaried employee, for fy 16-17,TDS deducted was Rs.8000 n he is eligible for refund but his form 26AS showing nill TDS, so we didn't file return for fy 17-18. we did so many follow-ups to employer, but no response..now he is saying like sorry that amount was credited to wrong PAN, we will rectify the mistake n will issue updated form 16 for 16-17 fy. Due date got over for filing return.is there any chance to get refund by filing return.
if yes,
pl suggest how to proceed.
Thanks in advance
1) If TDS is now reflecting in your brother's Form 26AS and IT Return was already filed.
Revise the old return and claim the Refund.
2) If TDS is now reflecting in his Form 26AS and IT Return was not filed.
As the due date for filing IT Return for A.Y 2017-18 is completed, you cannot file Return u/s 139. Now, you need to take permission from your Commissioner of IT by submitting application u/s 119(2)(b) of the IT Act and file IT return under that section.
Refer: CIRCULAR 9/2015 [F.NO.312/22/2015-OT], DATED 9-6-2015
I am dealing with same kind of IT returns in the same state (AP). If you want more clarification regarding this mail me at kasam.vivek519 @ gmail.com
3) If such TDS is not reflecting, we cannot claim any refund. Ask employer either to revise TDS return or to give in cash such an amount deducted as TDS
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