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Refund of tds

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08 June 2013 I have filed my original Return of Income for the AY: 2008-09 on 12-08-2008 and I have declared an income of Rs. 2,22,260.00 and I have claimed a refund of Rs. 54,297.00 on the TDS of Rs. 55,557.00. On the said amount of claim of refund I have been refunded a sum of Rs. 58,370.00 for the AY: 2008-09.

During some time the financial year 2009-10, my deductor was searched by the Income Tax Officials and detected that TDS was short deducted and was directed to deduct tax at a higher percentage that was deducted during the financial year 2007-08. Hence an amount of Rs. 1,05,217.00 was deducted. The same was remitted to the Income Tax Department on 18-06-2009 during the FY: 2009-10.

Eventually my deductor gave me the new TDS certificate in Form 16A, I have revised my Return of Income for the AY: 2008-09 on 30-09-2009 declaring the same total income of Rs. 2,22,260.00 and claiming a refund of Rs. 1,59,511.00 before I received the refund order for Rs. 58,370.00. The AO has refused to grant me refund as the original ROI was filed belatedly.

Will I be eligible to claim refund?
Are there any case laws? Pl cite them.
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CA Kapil Verma

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CA Kapil Verma (Expert)
08 June 2013 Belated return can cot be revised so Ao is write.

noe you can fir rectification u/s 154 (1)

or can do revision u/s 264.
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CA Kapil Verma

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CA Kapil Verma (Expert)
08 June 2013 Belated return can cot be revised so AO is write.

now you can file rectification u/s 154 (1)

or can do revision u/s 264.
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