Tds credit

This query is : Resolved

GURJOT SINGH GULATI (Querist)
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13 November 2013 I have a tax liability of approx Rs.21,000 for AY 2008-09. However the dept has not given me tds credit of Rs.3,900 on the ground that it is not reflected in 26AS statement. But I hav given them the certified copy of the tds certificate. I have also filed Rectification request u/s 154, but the dept has not considered that as tds is not shown in 26AS. Recently I came to know that a circular was passed which allowed tds credit on the basis of original tds certificate irrespective of the fact that the tds amount is reflected in 26AS or not. I am not able to find that circular anywhere. I would be highly obliged if anyone could help me in getting the copy of that circular. Thankyou

CA Parul Saxena

CA Parul Saxena (Expert)
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13 November 2013 no such circular is passed credit is given if and only if amount is reflecting in 26AS so you are supposed to pay tax else ask the deductor to revise its tds return so that credit can be claimed by you.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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13 November 2013 Dear Gurjot,

There is no circular. However, you can still claim the credit.

Please refer to Dear Nitin,

You can take benefit of the judgment in case of Citicorp Financials:

https://www.corporatelawreporter.com/wp-content/uploads/2013/10/citicorp_3i_infotech_TDS_Credit.pdf

It was held that TDS credit cannot be denied because of faulty TDS return or error in Form 26AS

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