Tds not claimed

TDS 7798 views 13 replies

Dear Frns,

Kindly advise me the course of action with regard to the folowing:

 

FACTS OF THE CASE:

Assesse  filed  ITR IV --E filing (CPC- Bangalore) claiming a refund of Rs 10,000/- for AY 2011-12. (The refund  amount is TDS  deducted and Assesse has the Form 16A for - Rs 10,000/-).

Assesse got the refund in the Dec 2011 relating to the above from the CPC- banaglore u/s 143(1).

But, After the receipt of refund, Assesse comes to know that he has not claimed another TDS amount which has been deducted by another TDS deductor ie. FORM 16A for Rs 22,000/- ie .

Assesse has mistakenly filed the ITR claiming  Refund for Rs10,000/-  instead of Rs 32,000 (Rs 10,000+22,000)

 (Assesse was not known of another TDS for Rs 22,000/- at the time of filing of ITR IV claiming a refund of Rs 10,000/-)

Now, He got the refund for Rs 10,000 from CPC, Bangalore u/s 143(1)

How can the Assesse can claim the refund for the balance TDS portion ie. for Rs 22,000/-???

He has the TDS certificate for Rs 22,000/-

If there is any procedure for the claiming the refund for the balance TDS, Kindly tell me the procedure for the same.

 

Replies (13)

Look, your client can file a revised return as the assessment has been done under 143(1) and not 143(3). Filing a rectification petition under 154 sems to be another option.

Or you can claim the balance TDS 22000 in next year. Have you shown the income corresponding to this TDS of 22000 this year ? Then how the TDS amount was overlooked ?

Regards,

Assesse has not showed his income in the FY 2010-11 corresponding to the TDS 22,000/- .

Whether is there any provision that , if we overlook any income which was supposed to be shown in the Computation of the Current FY, and the same income can be shown in the next FY and pay tax (including Interest)/claim refund.?

Agreed with Dipjyoti..Filing revised return is better option. .

Dear frnd

u just file the revised return.....

Agree with Dipjyoti Majumder....

 

Dear Friend.

 

You have no other option but file a revise return. You cannot opt for rectification u/s 154 as there is no mistake apparent on record. To have a claim made, you have to file a return for making claims with the Income Tax Department.

Checking at assessee's end:

1. Check whether Income pertaining to TDS of Rs. 22000/- has been offered to tax or not.

2. Accounting system followed by assessee, mercantile or cash

3. Whether the TDS is that of the assessee, or some data error

4. Whether the TDS of Rs. 22,000/- is reflected in 26AS or not.

Assessee has to satisfy all the conditions to make a justified claim.

As it is already clearified by Mr.K.Sampath that Assesse has not showed his income in the FY 2010-11 corresponding to the TDS 22,000/- .

hence all the conditions for making revise return are not satisfied. So sec-154 is the only option As it is also one of the mistake apparant from the record.

correct me if i m wrong.....

 

Dear all,

Revised return can be filed with in the two parametres

1) Before the completion of Asst.

2)With in one year from the end of AY ie her in this case it is before 31.03.2013

But here , asst was done and refund received from IT Dept.

Still how one can file revised return u/s139(4).... Plz Clarify??

In this case As per Form 26AS- Total TDS is 32,000/- (ie., Rs 10,000+ 22,000)

 

 

Originally posted by : S.VIJAY NARENDRA

As it is already clearified by Mr.K.Sampath that Assesse has not showed his income in the FY 2010-11 corresponding to the TDS 22,000/- .

hence all the conditions for making revise return are not satisfied. So sec-154 is the only option As it is also one of the mistake apparant from the record.

correct me if i m wrong.....

 

He cannot go for rectification u/s 154 as he has not shown the income in original return as well as TDS claim would be allowed only if he files revised return.

The best option is to go for revised return , with that the income will be offered as well TDS will be claimed.

Originally posted by : k.sampathkumar

Dear all,

Revised return can be filed with in the two parametres

1) Before the completion of Asst.

2)With in one year from the end of AY ie her in this case it is before 31.03.2013

But here , asst was done and refund received from IT Dept.

Still how one can file revised return u/s139(4).... Plz Clarify??

In this case As per Form 26AS- Total TDS is 32,000/- (ie.,10,000+ 22,000)

 

 

Dear Friend,

 

Assessment  is u/s 143(3) and not 143(1). It is just an intimation of your return filed.

You can go ahead with Revised Return.

You can revise your return if original return has been submitted before due date. Completion of assessment does not include assessment u/s 143(1). In revise return, you can show correct income as well as correct TDS. Option of rect. u/s 154 is not available since it was not a mistake apparent from records.

The assessee can disclose his income and claim the corresponding TDS amount of Rs.22000/- in the next year.

I agree with deepjyoti that refund can be claimed next year,i think it will be a costeffective also..


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