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Rule 37BA (Demand Notification)

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Sheema Acharya

1 Points Posted on 05 August 2023

Dear Experts

I had filed my ROI for A.Y.2022-23 with below incomes and TDS. I recd the intimation u/s 143(1) with a demand of Rs 197820/-. They have allowed TDS credit for Rs 675000 wherein the TDS Credit claimed was Rs 967827. They say it is because of rule 37BA. Can someone be kind enough to make me understand.

Income from Sale of H/Property was shown 50% in Spouse's return, but the TDS was claimed entirely in my return as the buyer paid the TDS entirely under my PAN

	26AS		As per Return Filed
	Income	TDS	Filed	TDS Claimed
Salary	3682039	872327	3682039	872327
Sale of H/P	9550000	95500	4775000	95500


TDS Credit Recd as per 143(1) & 154				675000

Demand As per 143(1) & 154				197820

Replies (3)

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

211764 Points Posted on 06 August 2023

In short, you have to divert 50% of TDS to your spouse's PAN.

& claim the TDS in her PAN. by filing rectification request.

Seema

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38 Points Posted on 06 August 2023

How to do it now.. The time limit to file the revised return is over.. Can we do a file a condonation and revise the return.

Also, i would want to understand how did they arrive at figures.

B Regards

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

211764 Points Posted on 06 August 2023

As such time to revise the return is already passed. Online rectification request will not be considered as change in income declaration is not permissible. Only hope is to file application with your jurisdictional ITO with the explanation of income declaration in both PAN with correct TDS claim.