What to do ?

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

16 January 2013 Dear sirs,

one person came to me with his return file, he asked me to take a view in my returns and find out why my refund come less then demand.

when i saw returns of A.Y. 2009-10 & A.Y. 2008-09, i found that in A.Y. 2008-09 consultant file nil return and in A.Y. 2009-10 he had claim both tds i.e A.Y. 2008-09 & 2009-10 tds in A.Y. 2009-10 return which was wrong.

one more thing, A.Y. 2008-09 was file within due date. (Manually return)

do i can file revised return for tds claim or any other way to claim A.Y.2008-09 refund.

thanks in advance

CA Neha Chauhan

CA Neha Chauhan (Expert)
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16 January 2013 Hello,

You can not do anything in this matter as the time to file revised return for A.Y: 2008-09 and A.Y: 2009-10 gets over...

Regards,
Neha Chauhan

anurag

anurag (Expert)
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17 January 2013 You can try rectification, if possible.

Querist : Anonymous

Querist : Anonymous (Querist)

17 January 2013 but return was file manually do it is possible ?

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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03 August 2025 Hey! Here’s what you can do in this situation:

Problem Recap:
AY 2008-09 return was filed (manually) on time but was NIL (didn't claim TDS).

AY 2009-10 return claimed TDS for both AY 2008-09 and AY 2009-10, which is incorrect.

Time to file revised returns for AY 2008-09 and AY 2009-10 is over.

Possible Solutions:
Rectification Application under Section 154

Since the return for AY 2008-09 was filed manually, you cannot file a revised return now.

But you can file a rectification application with the Assessing Officer (AO) to correct any mistake apparent from the record.

You can request correction of the TDS credit for AY 2008-09 in the rectification application.

Attach the TDS certificates, Form 26AS, and any proof showing that TDS was deducted for AY 2008-09.

The AO may process and rectify the mistake if found genuine.

Refund Claim for AY 2008-09

If TDS was not claimed properly, and refund is due, you can claim refund through rectification or by filing a rectification application as above.

If rectification doesn’t work, you may need to file a formal refund claim petition with the AO citing the grounds and documents.

Avoid claiming TDS for AY 2008-09 in AY 2009-10

The TDS credit claimed for AY 2008-09 in AY 2009-10 is incorrect and may lead to refund being less.

This can be explained to the AO during the rectification or assessment process.

Important Notes:
Rectification can be filed within 4 years from the end of the financial year in which the order sought to be amended was passed.

Since AY 2008-09 relates to FY 2007-08, you still may have time if the order date is recent.

Manually filed returns can also be rectified through this route.

In short:
You cannot file revised return now but can try to file rectification application for AY 2008-09 to claim the missed TDS credit/refund. Also, explain the double claim issue for AY 2009-10.

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