One of our client is providing services on commission basis...the service recipient has deducted the TDS on due basis and our client has not recorded the same in his books since the reciept of income is uncertain...
I want to ask that can we claim refund of TDS without actually showing that commission income in his income tax return...
Please give opinion regarding the same with relevant provisions of the act...
Hi, AR
As per section 139(9), of IT Act, 1961, if you haven't offered your income for tax in respect of which you have claimed TDS credit then your return will be consider as defective. There is nothing specifically mention in the act but income tax guidelines are there, where they have mentioned the reason for return to be consider as defective and one of the reason is when you claimed TDS credit without offering income for tax.
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