Assessment u/s 143(3)

in one of our case of A/y 2007-08 tds had not been deposited during d previous year or upto due date u/s 139(1)& return was filled without disallowing d respective exp but same was deposited next year i.e. previous year 2007-08. then we also filed return for previous year 2007-08 after due date u/s 139(1) & we did not claim such exp allowed since we had not disallowed d same earlier year in our return

now in scrutiny assessment u/s 143(3) d AO has disallowed d exp for A/y 2007-08 on a/c of non deposited tds U/s 40(a)& raised a demand

Now my Question is we r eligible for allowance of such exp in A/y 2008-09 since we have deposited tds in following year but we have not claimed d same in our return for A/y 2008-09 & also we cannot revise d return since it is belated. in such case what is d provision for claiming d deduction of disallowed exp. should we make an apllication for rectification u/s 156 or what will be d other solution of this problem