Unknown amount in form 26as

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ipcc student
52 Points Joined February 2014

Someone, by mistake, has remitted some TDS amount in my PAN Number. Can I file a return showing income as Income from Other Sources and claim this refund amount? (PS: I have no income and hence I will get the entire TDS amount as a refund).

What will be the consequences if I get the refund and subsequently, the other person files a TDS correction statement?

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On 29 June 2018 at 22:27 Report
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Accounts
54 Points Joined July 2012
u can't fill. as its fraud..due wrong pan can be modified
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On 29 June 2018 at 22:58
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12244 Points Joined May 2017
Don't claim it... it'll deemed as fraud and accordingly action maybe taken against you..
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On 29 June 2018 at 23:59
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ipcc student
52 Points Joined February 2014
Hi Ramakrishnan, can you please tell me what action can possibly be taken? A friend of mine has done this and I posted this query on his behalf.
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On 30 June 2018 at 01:18
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Partner at Bhat Momaya & Associates
2319 Points Joined November 2016
You can approach your AO or TDS officer. He will asked the concerned person to rectify it
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On 30 June 2018 at 09:24
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ipcc student
52 Points Joined February 2014
Hi Ankit sir. This friend of mine has already taken the refund. Will it not be a problem if he now approaches the AO/TDS Officer?
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On 30 June 2018 at 10:40
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Partner at Bhat Momaya & Associates
2319 Points Joined November 2016
Yes, the amount should have been excluded while filing Return. Which AY does the issue pertains ?
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On 30 June 2018 at 10:42
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ipcc student
52 Points Joined February 2014
My friend did not exclude the amount. He thought there would be consequence. When I got to know this, I warned him and immediately asked him to file a revised return not claiming the TDS. But, it pertains to AY 2016-17 and the due date to file a revised return is already expired. I am now looking for what to do to unclaim the TDS amount.
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On 30 June 2018 at 11:06
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Partner at Bhat Momaya & Associates
2319 Points Joined November 2016
My advice would be to pay the amount as tax by challan under the head others to prove our innocence
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On 30 June 2018 at 11:08
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ipcc student
52 Points Joined February 2014
Sure thanks for the advice. Also sir, would you suggest me to write a letter to the jurisdictional AO?
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On 30 June 2018 at 11:11
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Partner at Bhat Momaya & Associates
2319 Points Joined November 2016
Yes. It would be better if you write a letter with detailed facts to your AO
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On 30 June 2018 at 11:13
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12244 Points Joined May 2017
yes you can file a rectification application after paying the refund amount which you got. penalty under section 272A shall be initiated for furnishing false information in your return of income and even prosecution under section 277 may also be launched against you
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On 30 June 2018 at 12:21


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