Tds refund
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
25 September 2012
Dear All,
I hereby refer a case wherein we have deducted & paid the TDS of an assessee located outside India, based on the monthly provision we do in our books. Later on receipt of the invoice, we found that we have deducted the TDS in excess of the actual liability on receipt of actual invoice.
Since, we have paid excess TDS, we offered vendor to accept TDS certificate for higher amount, but vendor rejected our request to accept the TDS certificate for the excess amount. Accordingly, we filed a refund claim, and on non-receipt of any reply from the department, we started following up and recently we were asked to fill a form called “Checklist for claim of refund of TDS under Circular 7/2007 dated 23.10.2007” in which we are asked to fill the following details:
1) Under which sub-para of para 2 of the circular 7/2007, the applicant’s case is claimed to be covered
2) What does the claimed sub para of para 2 of the circular say.
I hereby request you all to please help me fill the above 2 details, since our claim is not listed in any of the sub-para of the para 2 of Circular 7/2007
I hereby refer a case wherein we have deducted & paid the TDS of an assessee located outside India, based on the monthly provision we do in our books. Later on receipt of the invoice, we found that we have deducted the TDS in excess of the actual liability on receipt of actual invoice.
Since, we have paid excess TDS, we offered vendor to accept TDS certificate for higher amount, but vendor rejected our request to accept the TDS certificate for the excess amount. Accordingly, we filed a refund claim, and on non-receipt of any reply from the department, we started following up and recently we were asked to fill a form called “Checklist for claim of refund of TDS under Circular 7/2007 dated 23.10.2007” in which we are asked to fill the following details:
1) Under which sub-para of para 2 of the circular 7/2007, the applicant’s case is claimed to be covered
2) What does the claimed sub para of para 2 of the circular say.
I hereby request you all to please help me fill the above 2 details, since our claim is not listed in any of the sub-para of the para 2 of Circular 7/2007
25 September 2012
Refer para 4.1 of circular
4.1 It has been decided that, this amount can be refunded, with prior approval of the Chief Commissioner of Income-tax or the Director General of Income-tax concerned, to the person who deducted it from the payment to the non-resident, under section 195.
Your case is different form that of cases specified in para 2 of the circular, however you can fill the checklist considering sub clause (g)of para 2 of circular. and whenever the AO demads details you can provide that the TDS is wrongly deducted in excess. The AO can take approval of chief commissioner and grant your refund.
4.1 It has been decided that, this amount can be refunded, with prior approval of the Chief Commissioner of Income-tax or the Director General of Income-tax concerned, to the person who deducted it from the payment to the non-resident, under section 195.
Your case is different form that of cases specified in para 2 of the circular, however you can fill the checklist considering sub clause (g)of para 2 of circular. and whenever the AO demads details you can provide that the TDS is wrongly deducted in excess. The AO can take approval of chief commissioner and grant your refund.
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
- Late Filing Fee Waiver for Q1 Form 144 (Earlier 27Q) – Transition to Income-tax Act, 2025
- Employee secondment
- Ito add credit side of bank
- GSTR9 Annual Return
- Applicability of tax on invoice
- Positive Balance in RCM Liability/ITC Statement – Commercial Rent RCM – Guidance Required
- Import of Capital Machine
- Capital gain on commercial property and investment in residential property
- Form 144 TDS Return Validation error
- Form 144 TDS Return Validation Error – Mandatory Fields
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- Need Professional Opinion - AY 2012-13 Old Demand & AY 2026-27 Refund Adjustment
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
