18 October 2013
Asst.Year: 2010-11:- TDS amounting to Rs. 495000/- ,by mistakely, claimed as TCS of Rs. 495000/-. Infact , there was no TCS.We claimed a refund of Rs 4,00,000/-Approx.
While processing the ROI, since there was no TDS claimed by us , the CPC has raised a Demand of Rs 1,20,000/- by processing the ROI.
Subsequently, For Asst.Year 2011-12, there was a refund of Rs 230000/-. CPC has after adjusting the demand of Rs. 120000/- of Asst.Year 2010-11, released balance of Rs 110000/-.
Can any body clarify how to make rectification U/s 154 ? For Asst.Year 2010-11 alone? or For Both the years 2010-11 and 2011-12?
20 July 2025
Great question! Hereโs a detailed approach for rectification under section 154 of the Income Tax Act in your case:
Situation Recap: AY 2010-11: TDS of Rs. 4,95,000 was wrongly claimed as TCS. No TDS was actually claimed โ demand of Rs. 1,20,000 raised by CPC. AY 2011-12: Refund of Rs. 2,30,000. CPC adjusted Rs. 1,20,000 demand from 2010-11 against this refund and released balance Rs. 1,10,000. How to file rectification u/s 154? Primary Rectification Year: The mistake (wrong claim of TCS instead of TDS) relates to AY 2010-11, so the rectification application must primarily be filed for AY 2010-11. Addressing Related Adjustment in AY 2011-12: Since CPC adjusted the demand from AY 2010-11 against the refund of AY 2011-12, the rectification for AY 2010-11 will automatically impact AY 2011-12 adjustments once processed. Recommended Approach: File rectification u/s 154 for AY 2010-11, explaining the error โ the TDS was wrongly claimed as TCS. Attach supporting documents like TDS certificates, Form 26AS, and calculation of correct refund/demand. Mention in the rectification letter about the adjustment of demand from AY 2010-11 against AY 2011-12 refund and request the department to consider the same while rectifying the mistake. Do you need to file rectification for AY 2011-12 separately? Usually, no separate rectification is needed for AY 2011-12 because the correction in AY 2010-11 will cascade through the system once the rectification is accepted. But monitor the status carefully, and if refund is delayed or incorrect for AY 2011-12 post rectification, then you may consider filing a rectification or grievance for AY 2011-12. Summary: File rectification under section 154 for AY 2010-11 only. Clearly state the facts and effects on AY 2011-12 adjustment. Attach all supporting proofs. Keep track of CPC processing and communicate further if AY 2011-12 refund remains unresolved after rectification.