Excess TDS paid

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Krishna Murty (Querist)
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13 October 2009 One of my claint deducted TDS from his sub-contractor Rs,33,450 for a Turnover of Rs.32,80,000.But by mistake my claint paid TDS Rs,41,800 for a Turnover of Rs,41,50,000 and accordingly the TDS return was also filed.But the TDS certificate was issued to the sub-contractor for actual amount of TDS Rs,33,450 for a Turnover of Rs,32,80,000.Actually my claint paid excess TDS for wrong turnover.The sub-contractor was also filed his individual return for a Turnover of Rs,32,80,000 U/s 44 AD.Kindly give advise what to do my claint for mistake done.

Jitender

Jitender (Expert)
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14 October 2009 u can claim refund of TDS as per amendment made in the law by this budget.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 October 2009 Pl go through section 200A, given effect from 01/04/2009,of The income tax Act,1961.

vishnu prasad prabhu

vishnu prasad prabhu (Expert)
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14 October 2009 Section 200A.

Where a statement of tax deduction at source has been made by a person deducting any sum (hereafter referred to in this section as deductor) under section 200, such statement shall be processed in the following manner, namely:â€”
the sums deductible under this Chapter shall be computed after making the following adjustments, namely:â€”
any arithmetical error in the statement; or
an incorrect claim, apparent from any information in the statement;
the interest, if any, shall be computed on the basis of the sums deductible as computed in the statement;
the sum payable by, or the amount of refund due to, the deductor shall be determined after adjustment of amount computed under clause (b) against any amount paid under section 200 and section 201, and any amount paid otherwise by way of tax or interest;
an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (c); and
the amount of refund due to the deductor in pursuance of the determination under clause (c) shall be granted to the deductor:
Provided that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the statement is filed.

Explanation.â€”For the purposes of this sub-section, â€œan incorrect claim apparent from any information in the statementâ€ shall mean a claim, on the basis of an entry, in the statementâ€”

of an item, which is inconsistent with another entry of the same or some other item in such statement;
in respect of rate of deduction of tax at source, where such rate is not in accordance with the provisions of this Act;
2. For the purposes of processing of statements under sub-section (1), the Board may make a scheme for centralised processing of statements of tax deducted at source to expeditiously determine the tax payable by, or the refund due to, the deductor as required under the said sub-section.

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