Can rectification u/s 154 be treated as revised return.

This query is : Resolved

Manish Bardia (Querist)
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20 February 2013 Original Income Tax Return for A Y 2008 - 09 filed within stipulated time on 30/09/2008, erroneously assesse Company did not claim any TDS credit in the return filed . Further no revised return was filed by the assesse company.

In the month of April 2011 it is noticed that assesse company did not claim any TDS credit for A Y 2008 - 09, a written application to give effect for the same is filed u/s 154 with ITO on 26/04/2011.

Can the same application be considered as revised return? if Not, how should i proceed to claim TDS credit for A Y 2008 - 09.

Taxguy

Taxguy (Expert)
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22 February 2013 The application under section 154 cannot be considered as revised return.

154 application can be disposed off by giving you the credit, as there is no time available to file a revised return in your case.

NITIN SHARMA

NITIN SHARMA (Expert)
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22 February 2013 Application u/s 154 can not be treated as revised return but you can file revized return before order passed under this section. If that return get processed u/s 143(1)then you can't claim tds on the basis of 154.

Manish Bardia

Manish Bardia (Querist)
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22 February 2013 So should i file a rectification u/s 154 to claim the TDS? is there any reference that i can provide while drafting the letter.

NITIN SHARMA

NITIN SHARMA (Expert)
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22 February 2013 No simple ask to ito to issue 142 then give fresh computation.