03 August 2025
If the TDS was deducted and deposited under the wrong section (e.g., 194J instead of 194C), and the party is not refunding the excess amount, here are the steps you can take: Steps to rectify wrongly deducted & deposited TDS: File TDS Correction Statement (TDS Return Correction): File a correction statement (TDS return) using Form 26Q (if deducting for contractors) or the relevant form. In the correction, specify the correct section (194C instead of 194J) and amount. This will help the deductee get credit under the right section. Inform the Deductee: Request the deductee (party) to file their TDS credit claim accordingly in their Income Tax Return, so they can claim the refund or credit. No refund at your end: Since the tax is already deposited to the government, you cannot directly claim a refund of the excess TDS deducted. The only way is for the deductee to claim the refund during their income tax filing. Adjust future payments (optional): If the deductee refuses to refund the excess amount, you may adjust the amount in your future payments to them after mutual consent, to avoid repeated issues. Summary: You cannot get the TDS refund directly since tax is deposited. You should correct TDS return by filing a correction with the correct section. Deductee should claim refund in their return. Try to get the excess amount refunded by the deductee or adjust future payments.