18 July 2013
Sir, For FY 09-10 i had filed my returns and clubbed my wife's FDR interest income with my income and also clubbed her TDS with my tds. She is a housewife and above was done as some FDRs were in her name.the bank had filed TDS in her PAN instead of mine, now i am getting demand notice as the TDS is less on 26AS on my PAN. At that time 26 AS was just started and i was not aware of it. as she is housewife i was not filing her returns and she did not nor have any income. Consequently my income had increased with her intrest income and at the same time the TDS had reduced causing me much loss and demand notice . can you advice.
18 July 2013
You should have claimed the refund of TDS by filing your wife's return and should have paid the Tax yourself on the interest clubbed with your income. Now it would be best if you meet your Assessing Officer with all the relevant documents and explain him the issue.
Remember main point is that you have not avoided payment of Tax. So just explain your situation to your AO and after that submit a letter explaining the issue along with all relevant documents.
18 July 2013
You can not file your wife return for the f. year 09-10 and now you can not claim refund. You have two option. 1. Pay tax whatever demanded 2. You can meet your AO and explain him your situation. 3. Ask your banker to revised their TDS return.
CAclubindia
