How to claim TDS

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This query is : Resolved

Ravi Teja (Querist)

19 May 2023 1. First Case:
Expense booked by recipient in FY 2021-22 and booked TDS , while the service provider issued the Invoice and offering income in FY 2022-23. The service provider has not claimed the TDS in FY 21-22 and filed his return of income. Now is there any possibility for the Service Provider how can he claim the TDS in FY 2022-23.
2. Second Case:
Service Provider provided service in FY 2021-22 and service recipient also booked the expense in their books. In this case the recipient defaulted in making the TDS payment. The service provider has not claimed the TDS as the deductor failed to deposit the TDS and made the Tax payment in cash out of their own pockets for the FY 2021-22. Now the Recipient of service made the TDS payment along with interest in January 2023. Now how can the service provider can claim the refund of this TDS. Is there any procedure other than From 26A procedure.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

20 May 2023 1 New Section 155(20) has been inserted.
∙ Conditions
o Income admitted by assessee in ROI filed u/s. 139 in one AY
o TDS Deducted and Paid by deductee in another AY
o Application to be filed by Assessee to A.O. within a period of 2 years from the end of the relevant financial year
∙ A.O. will undertake rectification to allow TDS credit in the year in which the income has been
offered for assessment.
∙ Time limit for A.O. to pass Order – 4 years from the end of the relevant FY in which the TDS has been deducted.
2 File rectification under section 154 under tax credit mismatch and claim refund.

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