tds deposited by mistake

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ravi verma (Querist)
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22 September 2008 dear members, plz solve my problems as i had asked it already but i have little bit confusion regarding this..
i had deposited 1.5lac on 14 aug, 08 under prof head while we had not deducted.but during the period 08.08.08 to 07.09.08 we had deducted 65000/- tds under prof head.now can we adjust by not deposting 65000/- on 07.09.08(though this date is already passed)?and if we not deducted any tds under prof head during 2nd qt ie from 08.09.08 to 07.10.08, then can we adjust the balance ie 85000/- in 3rd qt ie from 08.10.08 to 07.01.09 against any tds deducted under prof head??
plz solve my problem...thanks

CA. Dashrath Maheshwari

CA. Dashrath Maheshwari (Expert)
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22 September 2008 No where is mentioned about it but you can get a refund of excess deposits.

Refund of excess TDS paid by the payer can be claimed by applying to ITO (TDS) as per Circular No.285 dated 21.10.1980.

It is possible in a case where tax has been wrongly deposited U?S 195, then an appeal can be preferred to CIT (A) U/s 248 for declaration that the person is not liable to make such deduction and refund can be granted by CIT (A). (Tata Engineering & Locomotive Ltd. Case (2005) 921ITD 111 (Mum)

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