TDS credited to wrong AY

TDS 2124 views 7 replies

I started a proprietorship concern for recruitment & consulting in January 2008. Prior to this I was assessed as a salaried individual. For the FY 2007-08 I had NIL business income and only some loss which was carried over to FY 2008-09. I filed my Tax return as required by the 31st July 2008 in Form ITR 4. In April & May 2008 I had raised bills from the proprietorship on my customer for recruitment services which were payable for April & May 2008. My customer made the payments in May 2008 and subsequently in August 08 I also received the TDS certificate which I simply filed away. I just received my NSDL tax deduction statement and have realised that my customer had actually shown credit for the tax paid on 31-03-2008. Even though no payment had become due (or accrued) on that date, in fact the people who I had recruited for the company only joined it in April & May 2008 only after which the bills were raised. The tax was only credited to the government account on 31-05-08 by the company.

I fail to understand how they could show the payment credit to me on 31-03-2008 against such overwhelming evidence otherwise? What can I do in this case to get the credit in AY 2009-10 for TDS wrongly credited in previous year? I have already written to the company. Should I file a revised tax return for AY 2008-09?

Replies (7)

Hi Sandeep,

Quite Strange. If your bill date is April'08 and May'08, how can the company deduct TDS for the period 07-08. Anyways. Ask for copy of TDS deposit  challan from the company.

Furthur you can claim Set off of said TDS from the Income tax payable on your income in any coming years.

 

Regards,

CA. Prachi Tewari

Hi Prachi,

Thanks. I have already written to company many times but no response (if I disclose the name you will understand, why!!). Do I need to do anything special to claim the set-off in current year or can I just mention the details and attach certificate while filing the return? I will also getting my accounts audited this year, any obejction likely from the auditor on this?

Thanks
Sandeep

Mr. Sandeep

Just I want to know, when U have sent the cadidate and on which date, company has issued appointment letter ? I  understand that the company, who has deducted TDS had made provision for your remuneration as on 31.03.2008 and deducted TDS and issued the cetificate. I am not agree with Ms. Pranchi. U can not claim TDS in any year . U have to fill the date of income credited in IT return as per certificate i.e. From 16A. As per certificate date of credit will be 31.03.2008. Hence, U will not be allowed cr. of TDS. There is a way. If U maintain your accounts on Cash System, just U can try on receipt basis and can claim TDS. for claim of TDS it is important that U must disclise the income in the yr. relating to TDS

Surana, Chennai

9952967237

Mr. Sandeep

Just I want to know, when U have sent the cadidate and on which date, company has issued appointment letter ? I  understand that the company, who has deducted TDS had made provision for your remuneration as on 31.03.2008 and deducted TDS and issued the cetificate. I am not agree with Ms. Pranchi. U can not claim TDS in any year . U have to fill the date of income credited in IT return as per certificate i.e. From 16A. As per certificate date of credit will be 31.03.2008. Hence, U will not be allowed cr. of TDS. There is a way. If U maintain your accounts on Cash System, just U can try on receipt basis and can claim TDS. for claim of TDS it is important that U must disclise the income in the yr. relating to TDS

Surana, Chennai

9952967237

Mr. Sandeep

Just I want to know, when U have sent the cadidate and on which date, company has issued appointment letter ? I  understand that the company, who has deducted TDS had made provision for your remuneration as on 31.03.2008 and deducted TDS and issued the cetificate. I am not agree with Ms. Pranchi. U can not claim TDS in any year . U have to fill the date of income credited in IT return as per certificate i.e. From 16A. As per certificate date of credit will be 31.03.2008. Hence, U will not be allowed cr. of TDS. There is a way. If U maintain your accounts on Cash System, just U can try on receipt basis and can claim TDS. for claim of TDS it is important that U must disclise the income in the yr. relating to TDS

Surana, Chennai

9952967237

 

You can get in touch with your AO on this matter.. this is a very common error.. The AO can rectify ur mistake..

 

A long cut would be that ur deductee files a revised return for the AY 08-09 claiming such deduction of TDS as refund.

what doucuments attachmed at the time of fill sales tax return & tds form pls give me details & forms also if any one have

 

regards

deepak


CCI Pro

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