SUDHIR & PRADEEP JI (CA FINAL+LLB + DISA) (2299 Points)
16 April 2010IF an deductor has deducted the excess TDS & deposited the same, & file the return of the same,
But now the Deductee has been claimed that we has deducted the excess amount & now it demand for refund,
we have try to satisfied him that he can claim this amount as deduction in tax in his return, but he is not listening us.
now what we do in the same case.
Amir
(Learner)
(4016 Points)
Replied 16 April 2010
Dear Pradeep,
There is Sec 290 reads as under -
Every person deducting, retaining, or paying any tax in pursuance of this Act in respect of income belonging to another person is hereby indemnified for the deduction, retention, or payment thereof.
But this will not work in case of double (or excess) deduction so option for u is if u can utilize that TDS against anyother payment by revising ur return n submitting details otherwise u have to convince him.
CA Sanjay Jha
(ACCOUNTS MANAGER)
(914 Points)
Replied 21 April 2010
I
Think TDS should be refunded. Because TDS deducted excess and deposited then why TDS not to be refunded. If assessee file return timely then revise a return and can a actual claim of TDS possible.
CAclubindia
