TDS FOR ADVANCE PAYMENT

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Respected Sirs,

While entering into an employment contract with a company they paid me advance salary(signing bonus) for Rs.5Lacs after deducting TDS for Rs.1.70 lacs. Subsequently the contract got cancelled mutually and I returned the entire amount received(less TDS) to them in this FY 2022-23 itself. Now TDS is showing in 26A but not yet reflected in AIS(even after 9 months)

Kindly advise whether the employer can revise the TDS payment in this FY itself  OR next year so that it can be adjusted into their other payables. They are asking me to return TDS(1.7L) also advising me to take refund. In that case the advance amount of Rs.5 Lacs will be added into my taxable income as salary and again I will be taxable additionally for that amount.

Kindly advise the best resolution in this case so that I will not be charged any taxes and the employer can revise within the TDS return now.

Kind Rgds

P.Kumar

 

 

 

 

 

 

 

 

Replies (3)
Revise the tds return and use the TDS challan against other payables
Deduct tds on advance payment

You are not eligible to take the tax credit of Rs. 1.70 L in your ITR as the corresponding will not be offered by you in the ITR.

Tell the finance team of your company to revise their TDS return.

In case of any further queries, kindly mail me at casoravgupta @ gmail.com

Thanks & Regards
CA. Sorav Gupta
(Practicing Chartered Accountant)

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