Tds not claimed

This query is : Resolved 

29 July 2014 one of my client has filed tds returns for the a.y 2012-2013 &2011-2012. but have not claimed tds in those years..is it possible to claim tds of those years

29 July 2014 TDS return or Income Tax Return?

You need to take up the matter to your Jurisdictional AO.

30 July 2014 file request for refund of TDS under section 119(2)

30 July 2014 I think Punit Ji want to say that Income Tax Return was filed but TDS was not claimed.

If Income tax return is not filed then section 119(2) has to be invoked for claiming refund since return of both the years are time barred.

30 July 2014 No Sanjay Ji.

119(2) is not a refund section. it is a section that empowers designated Income-tax officials to condone/disregard a particular limitation or bar etc and has much wider scope for discretion.

Time bar is only for filing/revising the return. The time bar is not for refund. Rather, then alternative way is to say that you can simply file rectification under 154 for which you have four years from the year of assessment order.

30 July 2014 Where have I said it is a refund section?

In case return is time barred (for filing) you can file request for condonation of delay in filing of return. Once same is accepted return can be filed to claim refund.


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