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Unknown amount in form 26as

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vikram

ipcc student

41 Points Posted on 29 June 2018

Someone, by mistake, has remitted some TDS amount in my PAN Number. Can I file a return showing income as Income from Other Sources and claim this refund amount? (PS: I have no income and hence I will get the entire TDS amount as a refund).

What will be the consequences if I get the refund and subsequently, the other person files a TDS correction statement?

Replies (11)

Ashish

Accounts

41 Points Posted on 29 June 2018

u can't fill. as its fraud..due wrong pan can be modified

rama krishnan

5751 Points Posted on 29 June 2018

Don't claim it... it'll deemed as fraud and accordingly action maybe taken against you..

vikram

ipcc student

41 Points Posted on 30 June 2018

Hi Ramakrishnan, can you please tell me what action can possibly be taken? A friend of mine has done this and I posted this query on his behalf.

CA Ankit R Momaya

Partner at Bhat Momaya & Associates

1544 Points Posted on 30 June 2018

You can approach your AO or TDS officer. He will asked the concerned person to rectify it

vikram

ipcc student

41 Points Posted on 30 June 2018

Hi Ankit sir. This friend of mine has already taken the refund. Will it not be a problem if he now approaches the AO/TDS Officer?

CA Ankit R Momaya

Partner at Bhat Momaya & Associates

1544 Points Posted on 30 June 2018

Yes, the amount should have been excluded while filing Return. Which AY does the issue pertains ?

vikram

ipcc student

41 Points Posted on 30 June 2018

My friend did not exclude the amount. He thought there would be consequence. When I got to know this, I warned him and immediately asked him to file a revised return not claiming the TDS. But, it pertains to AY 2016-17 and the due date to file a revised return is already expired. I am now looking for what to do to unclaim the TDS amount.

CA Ankit R Momaya

Partner at Bhat Momaya & Associates

1544 Points Posted on 30 June 2018

My advice would be to pay the amount as tax by challan under the head others to prove our innocence

vikram

ipcc student

41 Points Posted on 30 June 2018

Sure thanks for the advice. Also sir, would you suggest me to write a letter to the jurisdictional AO?

CA Ankit R Momaya

Partner at Bhat Momaya & Associates

1544 Points Posted on 30 June 2018

Yes. It would be better if you write a letter with detailed facts to your AO

rama krishnan

5751 Points Posted on 30 June 2018

yes you can file a rectification application after paying the refund amount which you got. penalty under section 272A shall be initiated for furnishing false information in your return of income and even prosecution under section 277 may also be launched against you