Rectification u/s 154

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CA Sahil Singla.. (Querist)
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30 May 2015 Dear Sir

My client forgot to take credit of TDS in ITR. As as result he got demand notice from CPC.
Now i have filed rectification u/s 154 against this demand. But TDS credit is such that now refund becomes due to the client

My question is whether CPC will only remove demand or it will also issue refund of excess tax credit taken in rectification appplication ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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30 May 2015 If return has been filed within due date file revised return to get refund.

CA Sahil Singla..

CA Sahil Singla.. (Querist)
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30 May 2015 Sir, return is not filed within due date.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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30 May 2015 You may get refund.
Refund of TDS not claimed in tax return for want of TDS certificates allowed through rectification u/s 154.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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30 May 2015 https://www.caclubindia.com/experts/intimation-u-s-143-1--2085154.asp

rectification is not possible refer this link for more discussion.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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31 May 2015 this is the best part here. Seetharaman is right. TDS credit changes are allowed in rectification even when the return is a belated one. The logic for the same seems to be that Form 26AS is a record available to the AO and therefore non-credit in the order becomes a mistake apparent from record

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CA Sahil Singla..

CA Sahil Singla.. (Querist)
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31 May 2015 Dear Sir, i know that rectification is allowed.
But please understand my question that whether only demand will be adjusted or refund will also be allowed along with demand adjustment ?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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31 May 2015 Dear Sahil,
Yes, refund will be allowed. The processing of rectification application has nothing to do with whether there is a demand or refund. Whatever may be the end result, it will be processed. So if it is a refund, it will be processed accordingly.

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