Revising tds return and form 16

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 September 2014 Since there is no time limit to revise TDS return:
1.can an employer revise his TDS return filed 3-4 years ago..and issue a fresh Form 16 to employee..
2. is there a time limit to even revise form 16?
3. or can form 16 be revised and issued to employee only before he files his return?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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21 September 2014 Return can be revised and revised form 16 can be issued. No restrictions.

Querist : Anonymous

Querist : Anonymous (Querist)

21 September 2014 so if revised form 16 can be issued then employee can claim refund for excess tds deducted by employer 3-4 years ago..ryt??

or is my understanding correct that once form 16 is issued to employee and he has filed his return based on such original form 16, subsequent revision in form 16 is a futile activity??

further what kind of revisions are allowed in form 16? can an employer modify the amount of TDS (in case extra deducted while less was deductible)

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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21 September 2014 If the assessment of employee is over then he can not claim the refund. Generally this kind of mistake is notice during assessment and therefore employee asks for revised form 16 based on which due credit is given to him. Whatever the changes in return, same can be reflected in revised form 16. If extra deducted the revised form 16 will show refund with Tax deducted amount remaining same.

Querist : Anonymous

Querist : Anonymous (Querist)

21 September 2014 normal assessment of return u/s 143(1) must be over (since 3-4 years hve lapsed)..though scrutiny assessmnt etc is nvr initiated..what happens in such circumstances.??

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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21 September 2014 In such circumstances i dont think refund can be claimed.