Refund of Excess WHT deducted and deposited

Please see the circular for this:

CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)], DATED 27-4-2011

The procedure for regulating refund of amount paid by the deductor in excess of the tax

deducted at source (TDS) and/or deductible is governed by Board circular No. 285, dated

21-10-1980.

2. Subsequent to issue of circular No. 285, new sections have been inserted under

Chapter XVII-B of the Income-tax Act, 1961. References have been received by the

Board regarding inclusion of these sections also for the purpose of issue of refund of

excess amount of the TDS deducted/deductible.

3. In consideration of the above and in supersession of the circular No. 285, dated 21-10-

1980, the Board prescribes the following procedure for regulating refund of amount paid

in excess of tax deducted and/or deductible in respect of TDS on residents covered under

sections 192 to 194LA of the Income-tax Act, 1961. This circular will not be applicable

to TDS on non-residents falling under sections 192, 194E and 195 which are covered by

circular No. 7/2007 issued by the Board.

4. The excess payment to be refunded would be the difference between:

(i) the actual payment made by the deductor to the credit of the Central Government;

and

(ii) the tax deductible at source.

4.1 In case such excess payment is discovered by the deductor during the financial year

concerned, the present system permits credit of the excess payment in the quarterly

statement of TDS of the next quarter during the financial year.

4.2 In case, the detection of such excess amount is made beyond the financial year

concerned, such claim can be made to the Assessing Officer (TDS) concerned. However

no claim of refund can be made after two years from the end of financial year in which

tax was deductible at source.

5. However, to avoid double claim of TDS by the deductor as well as by the deductee, the

following safeguards must be exercised by the Assessing Officer concerned:

5.1 The applicant deductor shall establish before the Assessing Officer that:

(i) it is a case of genuine error and that the error had occurred inadvertently;

(ii) that the TDS certificate for the refund amount requested has not been issued to the

deductee(s); and

(iii) that the credit for the excess amount has not been claimed by the deductee(s) in the

return of income or the deductee(s) undertakes not to claim such credit.

5.2 Prior administrative approval of the Additional Commissioner or the Commissioner

(TDS) concerned shall be obtained, depending upon the quantum of refund claimed in

excess of Rupees One Lakh and Rupees Ten Lakh respectively.

5.3 After meeting any existing tax liability of the deductor, the balance amount may be

refunded to the deductor.

6. In view of provisions of section 200A of the Income-tax Act prescribing processing of

statement of TDS and issue of refund with effect from 1-4-2010, this circular will be

applicable for claim of refunds for the period upto 31-3-2010.

Thanks a lot for your help