Can Unclaimed TCS be claimed as refund in the next year?

There was TCS on foreign remittance for educational purposes in A.Y 2022-23 and A.Y 2023-24. But I forgot to claim refund in the respective years. This year i e A.Y 2024-25 is my first time IT filing. Can i claim the refund for the unclaimed TCS this year?  Is it possible to carryforward the TCS amount by filing updated return for the past 2 A.Ys and then claiming it this year? Please suggest if there is any other method to claim the refund.

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Quick Summary
If you've missed claiming Tax Collected at Source (TCS) on foreign remittances in previous assessment years (AYs), you generally cannot carry it forward to your current AY 2024-25 ITR. However, if you haven't filed your returns for those past years, you may be able to apply for condonation of delay under Section 119(2)(b) of the IT Act, provided the refund claim is genuine and within five years of the AY's end. This route is also applicable if you filed an earlier return but omitted the TCS claim, as revision windows are closed and ITR-U cannot be used for refunds.

If you had not filed return earlier, you can file them u/s. 119(2)(b) IT act, after getting permission from ITO to file return.

TCS must be claimed in the year it's collected. For past years, there are specific routes:

• Rule 37-I: TCS credit is given for the AY in which the income is assessable or the collection is made. You can't carry it to a later year's ITR.

• For AY 2022-23 and 2023-24:

– if no ITR was filed (no income requiring one): condonation of delay under Sec 119(2)(b) for refund claims. CBDT Circular 11/2024 allows condonation only within 5 years from the end of the AY (the refund must arise from TDS or TCS, and the claim must be genuine).

– if an ITR was filed without the TCS: the revision window (Sec 139(5)) has closed. ITR-U can't be used for a refund. Use the 119(2)(b) route for a refund claim as well.

• From 2023-24 onwards: TCS on LRS for education (funded by loan: 0.5%; otherwise 5% above Rs 7 lakh, now Rs 10 lakh) is visible in 26AS, so claim it in each year's ITR.

• Adjust TCS against advance tax liability where possible (no need to wait for refund).

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