Understanding of section 154

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 July 2012 What is the time limit u/s 154 of rectifying the details provided in the income tax return? In our clients case there is no demand by the department in the intimation issued u/s 143 but we have failed to claim the TDS so can the refund be claimed by filing the rectification?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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11 July 2012 1. Time limit is 4 year from the end of the month in which the order sought be rectified is passed.

2. Section 154 is for rectification of mistake apparent from record.

If an assessee has failed to claim TDS, it DOES NOT AMOUNT to mistake apparent from record.

It amounts to fresh claim, which is not admitted u/s 154.

The assessee should file a revised return.

Querist : Anonymous

Querist : Anonymous (Querist)

11 July 2012 Can you provide an example of the time limit? If the client has filed returns for the PY 2006-07,2007-08 and 2008-09 before due date can he claim to the ITO justifying the reasons properly as to why the claim of TDS could not be taken? Are there any case laws where TDS credit not taken is considered as mistake apparent from record. Revised return cannot be filed as the time limit for filing it has also expired. The Assessment years are 2007-08,2008-09, and 2009-10. Are there any other sections where we can claim this TDS as refund

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