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TDS Income Tax

This query is : Resolved 
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(Querist)
22 April 2010 In F.Y. 2009-10 I have paid TDS on 94H but that amt has excess paid by us,Could i adjust same amt of TDS on 192 (Salary TDS)pls advice
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Sriram K.R.

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Sriram K.R. (Expert)
22 April 2010 I suppose you are wanting to adjust excess 94H payment in 2009-10 with 92 tds due relating to the same year. In this situation you can adjust the same. However you need to file the TDS return accordingly. Also you need to intimate the TDS Officer about the adjustement.
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
22 April 2010 I THINK YOU CAN NOT ADJUST THE SAME AS YOUR RETURN WILL NOT BE VALIDATED. I.E. DEDUCTION U/S 194H ADJUSTED AGAINST SEC 192. IN MY VIEW NOT POSSIBLE. BETTER WRITE A LETTER REGARDING EXCESS PAYMENT MADE WITH RELEVANT DETAILS AND CLAIM REFUND. VIEW OF OTHER EXPERT SOLICITED.
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CA Ashok Kumar Sahu

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CA Ashok Kumar Sahu (Expert)
22 April 2010 agree with sanjayji,
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Ratan Sharma

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Ratan Sharma (Expert)
22 April 2010 No you can not make such adjustment. It is not allowed in the Income Tax Act.
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taxindiaconnect

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taxindiaconnect (Expert)
29 April 2010 Though you can not adjust the same, you can claim refund of the excess deposited amount from Department.
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