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Tax Query

Anand (Chartred Accountant) (435 Points)

21 October 2010

Mr.Q filed a belated return for assessment year 2010-2011 on 12th september. After filing the return he realised that he did not claim the TDS already deducted from his income amounting to Rs.35000. Now as he cannot revise his belated return what procedure he should follow? Is it possible for him to claim TDS?

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CA LOVELY ARORA (C.A. B.Com (H) Graduate) (2151 Points)
Replied 21 October 2010

no revision is allowed in this case.........

only way to revise the ITR is the notice u/s 143(1) [department will issue a notice for any discrepancy it sought or if any clarification is required by them].......

no other way out......... forget the TDS deducted.........

Anand (Chartred Accountant) (435 Points)
Replied 22 October 2010

Love i got this answer from expert.

Sec155(14) Where in the assessment for any previous year or in any intimation or deemed intimation under sub-section (1) of section 143 for any previous year, credit for tax deducted in accordance with the provisions of section 199 has not been given on the ground that the certificate furnished under section 203 was not filed with the return and subsequently such certificate is produced before the Assessing Officer within two years from the end of the assessment year in which such income is assessable, the Assessing Officer shall amend the order of assessment or any intimation or deemed intimation under sub-section (1) of section 143, as the case may be, and the provisions of section 154 shall, so far as may be, apply thereto:

Provided that nothing contained in this sub-section shall apply unless the income from which the tax has been deducted has been disclosed in the return of income filed by the assessee for the relevant assessment year.

karan challani (article) (82 Points)
Replied 22 October 2010

u cannot revise the Return....but u should file a revised return as soon as possible.The IT department will accept the return and ur return will be assessed.

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