Tds certificate
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
18 May 2012
Sir,
An assessee received TDS certificate for the Assessment Year 2011-12 in December 2011 and the assessee filed his returns for the Assessment Year 2011-12 before receiving TDS certificate without accounting the income of the TDS Certificate. The assessee file his returns after due date and before 31-03-2012 and paid the taxes. What is the solution for this? How to account this Income and TDS Certificate. whether an assessee can revise the return for AY 2011-12 or he can claim in AY 2012-13. Please give suitable solution clearly.
An assessee received TDS certificate for the Assessment Year 2011-12 in December 2011 and the assessee filed his returns for the Assessment Year 2011-12 before receiving TDS certificate without accounting the income of the TDS Certificate. The assessee file his returns after due date and before 31-03-2012 and paid the taxes. What is the solution for this? How to account this Income and TDS Certificate. whether an assessee can revise the return for AY 2011-12 or he can claim in AY 2012-13. Please give suitable solution clearly.
Querist : Anonymous
Querist :
Anonymous
(Querist)
31 May 2012
Sir,
I am requesting the experts to give reply in this regard
I am requesting the experts to give reply in this regard
27 July 2025
Here's how the assessee can handle this situation:
---
### Situation Recap:
* Assessee filed return for AY 2011-12 **before receiving the TDS certificate** and **did not include that income or TDS**.
* Later, TDS certificate was received (in December 2011).
* Assessee filed a **revised return after the due date but before 31-03-2012**, paying additional tax.
* Now wants to know how to correctly account for this income and TDS.
---
### Key Points & Solution:
1. **Can the Assessee file a Revised Return?**
* Yes, as per **Section 139(5)** of the Income Tax Act, the assessee can file a **revised return** at any time before the end of the relevant assessment year or before the completion of assessment, whichever is earlier.
* For AY 2011-12, the assessment year is 2011-12 (1 April 2011 to 31 March 2012). So the assessee can file a revised return before 31 March 2012 or before assessment completion.
2. **Since the assessee filed the revised return before 31-03-2012 (end of AY), this is allowed and correct.**
3. **How to account for the TDS certificate and income?**
* The income shown in the TDS certificate must be added to the income for AY 2011-12 in the revised return.
* The tax credit for TDS as per certificate should be claimed in the revised return to avoid double taxation.
4. **If the revised return was NOT filed within the allowed time:**
* The assessee can claim the income and TDS in the next year (AY 2012-13) by declaring the income under "Income from Other Sources" or as per nature of income, but this can attract penalties or interest for non-disclosure in the correct year.
* It is always advisable to file the revised return instead of carrying forward.
---
### Summary:
| Scenario | Solution |
| --------------------------- | -------------------------------------------------------------------------- |
| Revised return filed timely | Add income and TDS in revised return for AY 11-12. |
| Revised return NOT filed | Declare income & claim TDS in next AY (2012-13) but may attract penalties. |
---
### Recommendation:
* Since the assessee filed the revised return before 31-03-2012, no further action required.
* If taxes were paid along with the revised return, TDS credit will be adjusted accordingly during assessment.
---
If you want, I can help draft a letter or format for filing a revised return or explain how to report in the return form. Would you like that?
---
### Situation Recap:
* Assessee filed return for AY 2011-12 **before receiving the TDS certificate** and **did not include that income or TDS**.
* Later, TDS certificate was received (in December 2011).
* Assessee filed a **revised return after the due date but before 31-03-2012**, paying additional tax.
* Now wants to know how to correctly account for this income and TDS.
---
### Key Points & Solution:
1. **Can the Assessee file a Revised Return?**
* Yes, as per **Section 139(5)** of the Income Tax Act, the assessee can file a **revised return** at any time before the end of the relevant assessment year or before the completion of assessment, whichever is earlier.
* For AY 2011-12, the assessment year is 2011-12 (1 April 2011 to 31 March 2012). So the assessee can file a revised return before 31 March 2012 or before assessment completion.
2. **Since the assessee filed the revised return before 31-03-2012 (end of AY), this is allowed and correct.**
3. **How to account for the TDS certificate and income?**
* The income shown in the TDS certificate must be added to the income for AY 2011-12 in the revised return.
* The tax credit for TDS as per certificate should be claimed in the revised return to avoid double taxation.
4. **If the revised return was NOT filed within the allowed time:**
* The assessee can claim the income and TDS in the next year (AY 2012-13) by declaring the income under "Income from Other Sources" or as per nature of income, but this can attract penalties or interest for non-disclosure in the correct year.
* It is always advisable to file the revised return instead of carrying forward.
---
### Summary:
| Scenario | Solution |
| --------------------------- | -------------------------------------------------------------------------- |
| Revised return filed timely | Add income and TDS in revised return for AY 11-12. |
| Revised return NOT filed | Declare income & claim TDS in next AY (2012-13) but may attract penalties. |
---
### Recommendation:
* Since the assessee filed the revised return before 31-03-2012, no further action required.
* If taxes were paid along with the revised return, TDS credit will be adjusted accordingly during assessment.
---
If you want, I can help draft a letter or format for filing a revised return or explain how to report in the return form. Would you like that?
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