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Wrong deduction & deposit of TDS

3839 views 3 replies

shehzad

accounts executive

140 Points Posted on 15 February 2010

Dear friends,

We have made wrong deduction of TDS of one party & also deposited the same for the year 2008-09.TDS was wrongly deducted.

Now, that party is not accepting TDS certificate & wants payment.
We want refund of TDS wrongly deposited?

Any options?

Replies (3)

Ratan Deep Saxena

Asstt Manager (Accounts & Finance)

2998 Points Posted on 15 February 2010

Dear Shehzad,

Plz refer the following case laws for your reference. Hope it wil clarify ur doubt.

REFUND OF TAX WRONGLY DEPOSITED:

Refund of excess TDS paid by the payer can be claimed by applying to ITO (TDS) as per Circular No.285 dated 21.10.1980.

It is possible in a case where tax has been wrongly deposited U?S 195, then an appeal can be preferred to CIT (A) U/s 248 for declaration that the person is not liable to make such deduction and refund can be granted by CIT (A). (Tata Engineering & Locomotive Ltd. Case (2005) 921ITD 111 (Mum)

regards,

ratan

v d sharma c a

c. a.

49 Points Posted on 15 February 2010

i agree with the above

krishna

C.A

22 Points Posted on 17 October 2015

I had filed 1% TDS (80,000/-) against sale of property 15th & 16th July 2015. This is to being to your notice that there has been an error in the mention of the PAN Number. Instead of Deductee PAN No. has inadvertently been mentioned as (Deductor) while the correct P A Number that ought to have been mentioned is . Also instead of AY 16-17, I have mentioned AY 15-16. Change the year as AY 16-17. I deeply regret the mistake