Tds vs. cash system of book keeping
Lakshmi Devanand, FCA (Proprietor -Lakshmi Devananda & Associates) (106 Points)
06 March 2012Lakshmi Devanand, FCA (Proprietor -Lakshmi Devananda & Associates) (106 Points)
06 March 2012
Anumanchipalli Sathikonda
(Tax Consultant)
(1559 Points)
Replied 06 March 2012
Ms.Lakshmi Devanand ACA
Please refer to sub-section (3) of Section 199 of Income-tax Act, 1961 and Rule 37BA(3)(i) of Income-tax Rules 1962.
Sub-section (3) of Section 199 reads as under:
(3) The Board may, for the purposes of giving credit in respect of tax deducted or tax paid in terms of the provisions of this Chapter, make such rules as may be necessary, including the rules for the purposes of giving credit to a person other than those referred to in sub-section (1) and subsection (2) and also the assessment year for which such credit may be given.]
and Rule 37BA(3)(i) reads as under:
(3) (i) Credit for tax deducted at source and paid to the Central Government, shall be given for the assessment year for which such income is assessable.
As per the books of account maintained by the assessee the income can be offered on cash basis and TDS relating to the said income can be claimed as prepaid tax. As you said in Form No.26AS the same picture will not be reflected. The assessment year mentioned on the TDS certificate also is a different assessment year other than the assessment year in which the income is offered to tax. In such circumstances you will face the inconvenience of non-credit for the prepaid taxes though you have claimed in the return of income with all TDS details with TAN numbers PAN numbers of the deductors. If the order is passed without considering the credit for TDS you can move an application u/s 154 asking for credit of TDS as per the provisions of section 199 r.w.r. 37BA.
You can make a representation to the concerned Assessing Officer after filing the return of income and before completion of the assessment explaining the pecularities of your case and ask for credit for TDS as per the provisions of section 199 r.w.r. 37BA
Best Wishes
Sathikonda