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TDS not claimed in the return

Naina (CA Student) (477 Points)

17 April 2011

An individual assessee has filed her return for A.Y. 2010-11 on 31st March 2011. But she has forgotten to claim TDS fully. What's the remedy with her.

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9 Replies

Shriram Ramachandran (IPCC Student CWA Inter & Processing officer in GNSA Infotech Ltd) (492 Points)
Replied 17 April 2011

U can file a Revised Return...........

Thanks

R Shriram

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Naina (CA Student) (477 Points)
Replied 17 April 2011

But return has been filed after the due date u/s 139(1) i.e. 31st July 2010. Can it still be revised?

Devendra (Chartered Accountant) (4775 Points)
Replied 17 April 2011

If the Income Tax Return has been filed after the due date, then you cannot take the credit of the TDS.

Regards,

Devendra K

Shriram Ramachandran (IPCC Student CWA Inter & Processing officer in GNSA Infotech Ltd) (492 Points)
Replied 17 April 2011

Ya u can Revise ur return. The law says that:

"The Assessee can furnish a revised return at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier"

So in ur case as u have filed ur return on 31.3.2011. Ur Assessement would have not been completed so u can Revise ur return.

Thanks

R Shriram

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Devendra (Chartered Accountant) (4775 Points)
Replied 17 April 2011

THE DUE DATE FOR FILING THE ITR FOR AN INDIVIDUAL IS 31ST JULY, BUT IN THE GIVEN CASE THE ASSESSEE HAS FILED THE ITR AFTER THE DUE DATE, SO THE ASSESSEE CANNOT FILE A REVISED RETURN.

REGARDS,

DEVENDRA K

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Naina (CA Student) (477 Points)
Replied 17 April 2011

The online tax credit statement shows that TDS has been deducted but not taken in the return filed. Even then the assessee has no remedy. Please clarify.

Naina (CA Student) (477 Points)
Replied 17 April 2011

The online tax credit statement shows that TDS has been deducted but not taken in the return filed. Even then the assessee has no remedy. Please clarify.

Devendra (Chartered Accountant) (4775 Points)
Replied 17 April 2011

1) Yes. The Assessee has no remedy for claiming the TDS.

2) May be you can write a letter to the Assessing Officer requesting him to allow you to take the credit of the TDS by revising the ITR, even though it is against the rules of Income Tax.

Regards,

Devendra K