Tds deducted on expenditure

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CA.Anandgopal (Querist)
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08 June 2015 Dear All,

One my client paid professional fees to his ralative in the year 2012 with out deducting tds and claimed as an expenditure.The deductee offered as income in the same AY.

The assessing officer disallowed the expenditure in the year 2013-14.

now the assesee ready to deducted the TDS in the year 2015-16.

1. Can the assessee deduct the expenditure already disallowed by the assessing officer in the year 2013-14?

2. can the Deductee claim TDS without offering any income, (because already offered year in 2012-13) in the year 2015-16.

Thank You.

Rupesh Jain

Rupesh Jain (Expert)
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08 June 2015 you can deduct the tds, amnd deposit with intt. and deductee file the rectification u/s 154

CA.Anandgopal

CA.Anandgopal (Querist)
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09 June 2015 Sir,

you mean the deductee can claim the refund in the AY 2016-17 without offering any income.

Any reference case law

Thank You,

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