TaxTMI 
TaxTMI 
A pvt. ltd. co. has not claimed TDS credit while filing their I.T. Return for AY 2004-05.this was an accounting error as TDS entry was also not passed in the books. subsequently, at the time of Assessment proceedings u/s 143(3),submits original TDS cert.amounting to Rs.2,45,000/- in addition to other TDS cert.already claimed in & attached alongwith the Return. Assessing Officer refuses the claim & not giving Tax credit of this additional TDS CLAIM.Query is is AO supposed to accept & allow the claim? or Will have to file the CIT appeal? Kindly advise.
TDS claim
30 May 2009 
1 Reply 
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TDS credit claim rejected; appeal to higher tax authority and concurrent refund application advised promptly.
Failure to claim a TDS certificate in the original return due to accounting oversight raises a belated TDS credit claim when the certificate is later produced during assessment. If a revised return could have been filed in time, that is the corrective step; otherwise available remedies are to file an appeal to the next tax authority against the assessing officer's refusal and/or submit a refund claim to the assessing officer for adjudication. (AI Summary)
Failure to claim a TDS certificate in the original return due to accounting oversight raises a belated TDS credit claim when the certificate is later produced during assessment. If a revised return could have been filed in time, that is the corrective step; otherwise available remedies are to file an appeal to the next tax authority against the assessing officer's refusal and/or submit a refund claim to the assessing officer for adjudication. (AI Summary)