Tds claim

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AVINASH SINGHAL (Querist)

19 May 2014 Can anyone please tell me that is an assessee eligible to claim his deducted tax on commission of Financial year 2010-11 dat is AY 2011-12 in Current Financial year 2013-14????

Nikhil Kaushik

Nikhil Kaushik (Expert)

19 May 2014 only if the corresponding income is also being offered to tax in the current tax period.

AVINASH SINGHAL

AVINASH SINGHAL (Querist)

19 May 2014 Thanks sir for replying.. You mean to say that if we show the commission received in our current financial year with the current year income then we can claim the TDS of AY 2011-2012 in AY 2014-2015???? Any relevant section to justify this?? Please reply sir..

Nikhil Kaushik

Nikhil Kaushik (Expert)

19 May 2014 yes this what I mean. But how you would be able to do it is a question. The ITR form itself provide provision for making part claims of TDS credit in order to allow shifting part of claim to next year. But this is allowed because it is expected that sometimes while deductor makes payment in one year, the income might become taxable for the deductee in next year. How, you will withhold the income recognition for 3-4 years is a the issue.

AVINASH SINGHAL

AVINASH SINGHAL (Querist)

19 May 2014 Right sir... So I should not claim the deducted tax now in the current year!!??