TDS pertaining to previous year
This query is : Resolved
10 March 2010
Dear Sir,
We had a rental income in previous year 2008-09 but opposite party did not cut TDS u/s 194 I. now in current year (2009-10) they have deducted TDS and issued form no 16 for the same.
My query is whether we can claim previous years TDS in current years return ?
We had a rental income in previous year 2008-09 but opposite party did not cut TDS u/s 194 I. now in current year (2009-10) they have deducted TDS and issued form no 16 for the same.
My query is whether we can claim previous years TDS in current years return ?
12 March 2010
you can claim current year 2009-10 that tds.Deductor deduction and certifcate year is base for claiming the TDS
12 March 2010
Thank u sir,
Pls. could u pls tell me relevant section which allows TDS on claimable basis ???
Pls. could u pls tell me relevant section which allows TDS on claimable basis ???
27 July 2025
Here’s the explanation based on your query about claiming TDS pertaining to a previous year but deducted in the current year:
---
### Situation:
* Rental income was earned in **FY 2008-09**.
* TDS under **Section 194I** was **not deducted by the tenant** in that year.
* In the next financial year **(2009-10)**, tenant deducted TDS and issued Form 16B for that year.
* You want to know if you can claim this TDS while filing return for FY 2009-10.
---
### Answer:
* **TDS is claimed in the year in which it is deducted and deposited with the government, not necessarily the year to which income pertains.**
* So, the TDS deducted in FY 2009-10 is claimable only in the **FY 2009-10 income tax return**.
* You **cannot claim TDS for FY 2008-09 if it was not deducted or deposited in that year**.
---
### Relevant Section / Rule:
* The **Income Tax Act, Section 199(1)** says TDS credit is allowed in the year in which tax is deducted and paid.
* The year of deduction is taken as the year in which tax was deducted and actually deposited with the government.
* This is also explained in CBDT circulars on TDS credit.
---
### Summary:
* Claim TDS in the year of deduction/deposit, i.e., FY 2009-10 in your case.
* If TDS was not deducted at all in FY 2008-09, you cannot adjust or claim it against FY 2008-09 return.
---
If you want, I can help you draft a letter or explanation to the tax department regarding this.
---
### Situation:
* Rental income was earned in **FY 2008-09**.
* TDS under **Section 194I** was **not deducted by the tenant** in that year.
* In the next financial year **(2009-10)**, tenant deducted TDS and issued Form 16B for that year.
* You want to know if you can claim this TDS while filing return for FY 2009-10.
---
### Answer:
* **TDS is claimed in the year in which it is deducted and deposited with the government, not necessarily the year to which income pertains.**
* So, the TDS deducted in FY 2009-10 is claimable only in the **FY 2009-10 income tax return**.
* You **cannot claim TDS for FY 2008-09 if it was not deducted or deposited in that year**.
---
### Relevant Section / Rule:
* The **Income Tax Act, Section 199(1)** says TDS credit is allowed in the year in which tax is deducted and paid.
* The year of deduction is taken as the year in which tax was deducted and actually deposited with the government.
* This is also explained in CBDT circulars on TDS credit.
---
### Summary:
* Claim TDS in the year of deduction/deposit, i.e., FY 2009-10 in your case.
* If TDS was not deducted at all in FY 2008-09, you cannot adjust or claim it against FY 2008-09 return.
---
If you want, I can help you draft a letter or explanation to the tax department regarding this.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Refund Annexure-B
- Liable to deduct tds and 44ADA
- Sale of Equity shares for Purchase of Residential Property
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- ECO SUPPLY REPORTIONG IN GSTR-1
- Is Interest applicable for payment made through credit ledger vide DRC03 for FY 2020-21 & 2021-22
- CCFS 2026 Schemed
- Subscription paid to foreign customer
- Two seprate Invoice needed
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
