Tds
This query is : Resolved
Geeta Sharma
(Querist)
04 April 2014
THERE IS A CLIENT WHO HAD NOT FILED HIS RETURN FOR AY 2011-12. IT DEPARTMENT HAS MADE A DEMAND OF RS. 15000 AND SEND A NOTICE TO SUCH CLIENT FOR FILING RETURN & PAY DEMAND. FOR THE AY 2011-12 THERE IS ALREADY TDS DEDUCTED RS.16000/- SHOWING IN 26 AS. SO WHAT IS THE PROCEDURE TO CLAIM THE TDS BENEFIT IF FILING SUCH RETURN ON NOTICE BASIS. IS IT POSSIBLE TO CLAIM SUCH TDS AMOUNT TO PAY SUCH DEMAND?
04 April 2014
no tds can be claimed as the time limit to claim via filling return was 31.3.2013 as per sec 139(4).`
Nikhil Kaushik
(Expert)
07 April 2014
how did department made the demand without any return? please check under which section the notice has been issued. If the notice is under 142(1) or 148, you can file return and claim credit for taxes deducted.
Geeta Sharma
(Querist)
09 April 2014
notice covered u/s 148. Thanks for this reply
Nikhil Kaushik
(Expert)
09 April 2014
Then please file return as suggested above and claim tds credit therein
Geeta Sharma
(Querist)
09 April 2014
OKIIII.... BUT I HAVE A LITTLE DOUBT WHETHER IT IS POSSIBLE TO CLAIM TDS CREDIT IF RETURN FILED U/S 148 BASIS? BECAUSE IN DIRECT TAX RECKONER THERE IS NO SUCH PROVISO TO EXPLAIN ITS CLEARLY
Nikhil Kaushik
(Expert)
09 April 2014
you just need to provide the details of all the credit that is available. be it tds/advance tax, self assessment tax etc etc.
no one can deny the credit of the tax already paid by you.
no one can deny the credit of the tax already paid by you.
Geeta Sharma
(Querist)
09 April 2014
OKIII THANKS NIKHIL..... U R RIGHT.
Nikhil Kaushik
(Expert)
09 April 2014
you are welcome Geeta...take care.
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