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Tds Unclaimed

01 April 2010

Hi! plz help... a person carrying business has not filed ITR in A.Y 2009-10 as his GTI was below exemption limit. Can he claim tds deducted in A.Y 09-10 in the the next A.Y?

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12 Replies

Piyush Jain (CA) (283 Points)
Replied 01 April 2010

No he can not.

But he can still file his IT return for AY 2009-10 uptil 31st march, 2011. (i.e one year from the end of assessment year) and then claim his TDS.

Regards

Piyush

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Amod Ranjan (Service) (356 Points)
Replied 01 April 2010

he can't claim!

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27191 Points)
Replied 01 April 2010

No TDS can't Be Claimed..........

Ratan Deep Saxena (Asstt Manager (Accounts & Finance)) (2998 Points)
Replied 01 April 2010

If return is not filing on time then no TDS Can Be claimed.

regards,

ratan

Raj Saxena (1412th Tiger) (Struggling Student) (272 Points)
Replied 01 April 2010

No he cant

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KAMLESH PURVIYA (STUDENT) (21 Points)
Replied 01 April 2010

YES , TDS SHOULD BE CLAIMED BY ASSESSEE IN A.Y.2010-11

saranraj (CA FINAL) (419 Points)
Replied 01 April 2010

TDS can Very well be claimed in the next Assessment year...

Dharmendra kumar (CA) (201 Points)
Replied 01 April 2010

What's the final answer then? can anyone explain..plz

Piyush Jain (CA) (283 Points)
Replied 02 April 2010

File the return for AY 2009-10 and claim the TDS. The return could be filed uptil 31st march, 2011.

Regards

Piyush

Pawan (ca Final) (32 Points)
Replied 02 April 2010

you will get ur tds refund after you file your return

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CA Arun V Kurup (CA) (22 Points)
Replied 03 April 2010

No refund can be claimed unless a return is filed. So if the person wants to claim the refund of TDS he should file a return even though his taxable income is below exemption limit and claim the refund in the return itself. It is to be noted that the last date for filing return for the AY 2009-10 is 31st march, 2011 (i.e., 1 year from the end of AY or completion of assessment, whichever is earlier). He can claim refund for the AY 2009-10 by filing return and if he is taxable in next AY he should pay tax for the next AY . No carry over of excess tax paid from one AY to another AY by the assessee unless it is allowed by the Dept.

Nicky (Chartered Accountant) (245 Points)
Replied 03 April 2010

What i understand of the query is that the person whose tax has been deducted doesnot want to claim the same against his current year's income as it is not taxable but wants to tarnsfer the same to next assessment year (Correct me if worng)