Unclaimed tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 November 2011 An assessee received commission in F.Y. 2007-08 on which TDS was deducted and it is reflected in 26AS also. He provided certificate in F.Y. 2011-12. Can one claim the TDS in current year?

What will be answer if the aforesaid mentioned case is pending in assessment?

Can we claim this while assessment is pending?

Kindly provide with any case law in this regard.

Aijaz Shaikh

Aijaz Shaikh (Expert)
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26 November 2011 Judgment of the Supreme Court:
In case of Goetz India Ltd. v. CIT, (2006) 284 ITR 323(SC), the assessee did not make some claims in the computation of income and the return filed before the assessing officer on 30.11.1995 (revised return) for assessment year 1995-96. Assessee merely made a further claim vide a letter filed with the assessing officer claiming certain deductions, which were not claimed in the return of income. The assessing officer disallowed the claim for the reason that there was no provision in the Income-tax Act, 1961 to permit the assessee to make an amendment in the return without a revised return. The Tribunal as well as the High Court confirmed the order of the AO, the assessee preferred an appeal before the Supreme Court and the Supreme Court also dismissed the appeal holding that a claim not made in original return can not be claimed by way of letter before the assessing officer and the assessing authority has no power to entertain a claim for deduction otherwise than by a revised return.

Conclusion:
All of the above answer is no, since no claim has been made in the return of income of AY 2008-2009

Therefore, now it is settled that if assessee wants to make a claim, he must prefer the claim in the return or in a revised return. Mere filing of letter before the assessing officer will not be sufficient and on that ground alone the assessee may loose the relief

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