Tds return of fy 2011-12

TDS 525 views 2 replies

Binod

Student CA Final

386 Points Joined February 2014

Hello, Friends

One of my client deduct TDS of FY 2011-12 and deposited the same in government account but until now no tds return is filled and the deductee get the notice from department that he is claiming that tds & he is asking us revice the return then he can get TDS credit, my question

1. CAn deductee can claim the tds which is dedcuted

2. How can we make it correct so the deductee can get TDS credit

Plz friend help me

Thanking all

Binod

Replies (2)

CA SONIYA AGARWAL

self practice

3005 Points Joined December 2009

DEDUCTEE CAN CLAIM HIS TDS REFUND ONLY IF DEDUCTOR FILES TDS RETURN , SINCE ON FILING TDS RETURN , DEDUCTEE CAN SEE HIS TDS IN 26AS , WHEN TDS REFLECTS IN 26 AS , WITH STATUS AS "F" THEN ONLY CAN DEDUCTEE CLAIM HIS TDS REFUND

Z

Tax Consultation (US and India)

2970 Points Joined September 2011

Deductee can claim tax credit There have been many such issues in past. You can file rectification u/s 154 & give details of challan no & claim your credit There are several case laws on this issue like citicorp finance (India) ltd v ACIT Holding that tds credit must be given EVEN IF TDS CERTIFICATE IS NOT AVAILABLE OR IN CASE THERE IS NO ENTRY IN FORM 26AS One can claim refund also but that is subject to certain procedure like assesse is required to indemnify the department via a bond See 3i INFOTECHKLTD .where it was held that merely cause department system does not indicate tds refund it cant be held that assesse should be compelled to deposit tax once again & COURT ON ITS OWN MOTION V CIT352 itr 273 directed department to ensure credit is given EVEN IF DEDUCTOR FAILED TO UPLOAD CORRECT DETAILS . FURTHER CREDIT TO BE ALLOWED IF CERTIFICATE IS NOT AVAILABLE BUT ASSESSE GIVES INDEMNITY BOND TO DEPARTMENT