Recourse against rejection of rectification u/s 154.

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Querist : Anonymous

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Querist : Anonymous (Querist)
03 December 2012 What are the recourse, if rectification made u/s 154, for refund, get dismissed or rejected?

03 December 2012 You can file another rectification application.

However, you should first ascertain why your original claim for refund (income tax return) was rejected.

Few possible reasons:

1. TDS not appearing in Form 26AS.
2. TDS status is "P" - Provisional
3. Incorrect TAN mentioned in the return.

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Querist : Anonymous

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Querist : Anonymous (Querist)
03 December 2012 Ya,when we filed return (belated) we did not know our credit. and later on we filed rectification. u/s 154.

As per your advice another rectification should be file, let me know under which section or provision?

03 December 2012 1. In the return, you DID NOT claim credit of taxes??
If you did not claim credit of taxes in the return, you CANNOT claim credit in a rectification application.
Claim can only be made by filing a revised return.

However, since you have filed a belated return, it cannot be revised.

2. Rectification application seeking rectification of order passed u/s 154 is submitted u/s 154 only.

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Querist : Anonymous

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Querist : Anonymous (Querist)
03 December 2012 1. We have made rectification under order u/s 148.

2. There is 2nd year also in which we missed to claim TDS refund but as there was no order regarding that A.Y. we don't have a BASE to claim refund by filing rectification.

04 December 2012 1. Rectification application seeking rectification of an order u/s 148 is filed u/s 154 only.

You can also go for an appeal against the order.

2. For the second year, file a revised return, if possible.

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Querist : Anonymous

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Querist : Anonymous (Querist)
04 December 2012 1. Appeal to whom? & Under which provision?

2. Revised Return not possible. So now by which regulation we can claim TDS refund?

04 December 2012 1. Appeal against order u/s 148 lies to CIT(Appeals)

2. If you have not claimed TDS in the return, the only option is to file a revised return.

If revised return cannot be filed, then you CANNOT claim credit of TDS.

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Querist : Anonymous

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Querist : Anonymous (Querist)
04 December 2012 OK.





Thanks for your prompt response.

04 December 2012 You are welcome. You should use the thanks button to convey your thanks.


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