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Can we claim the tds in subsequent year

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Tushar Chalekar

Executive Finance

54 Points Posted on 23 January 2014

Hi,

Can we claim the TDS in subsequent year in below case?

There is TDS deducted by client in FY 2010-11 & also there is no any tax liability in FY 2010-11 so TDS should be refunded by dept.

But the income tax return is not yet filed for FY 2010-11 and now it is time barred.

Can the we claim the TDS in the return of FY 2011-12 or FY 2012-13?

Please help on this.

Replies (1)

CA CS Chirag

Practicing CA

834 Points Posted on 23 January 2014

TDS can be claimed in the same year only

It is possible to claim refund by filing the condonation Petition u/s 119 (2) (b) of Income Tax Act.

The Important points of the Scheme as per the CBDT instructions No. 12/2003, dated 31.10.2010.

01. Write as Application u/s 119 (2) (b) of the IT Act giving the reason for delayed in filing return.

02. Enclosed Evidence in supporting of your Claim.

03. Enclose Evidence of TDS.

04. Clearly state the Computation of your Income & Tax for the year.

Once the CIT or CCIT or CBDT makes an order condoning the delay u/s 119 (2) (b) of I T Act. , AO will give refund.

The Power to condone delay is as under.

01. CIT upto Rs. 1 Lacs.
02. CCIT upto Rs. 5 Lacs.
03. CBDT Above Rs. 5 Lacs.