How to claim tds of past year income of which had already offered in that year

TDS 151 views 3 replies

An assessee had interest income in the AY 2016-17 net of TDS, but the payer didn't deposit the same in the credit of the CG. So, the assessee offered the whole amount as income but didn't claim any TDS in his return for that particular year. Now, almost after 2 years, that payer has deposited the same in the credit of the CG.

Question is - How to recover this TDS amount where the related income has already been offered in the ROI of AY 2016-17 in the following two situations:

  a) If the 26AS of the assessee for AY 2016-17 reflects the TDS amount? (The return for the same year has already been processed.)

  b) If the 26AS of the current AY reflects the TDS amount?

Replies (3)

a) Rectification  u/s. 154 of IT act...

b) Claim TDS without tax assessment. When query raised... reply about its assessment in particular year.

Originally posted by : Dhirajlal Rambhia
a) Rectification  u/s. 154 of IT act...

b) Claim TDS without tax assessment. When query raised... reply about its assessment in particular year.

 

Thank you so much Sir. I have also given the same suggestion to my client.

ITR 2017-18 an be revised upto  march 31 2019

Fresh claims of TDS cannot be claimed via rectification . It  has to be claimed via 139(5) only.

This has happened to me . but for me date for 139(5) also was over. ITO told to give application u/s 263.

In your case see the year in which TDS appear and accordingly file  139(5)/ claim it in current year  ITR  if TDS appears in this year.


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