Excess credit

[shyamal roychowdhury]

My Client Submitted the income tax return for 2006-2007 with all relevent Papers & valid Returnswith all TDS CERTIFICATES IN original. Now he clamed sat Rs ilakh and actually valid TDS CERTIFICATE enclosed for the relevent year was say Rs 1.5 Lakh. While checking the TDS certificate it amounted to say Rs 1.50 lakhs . The Assessing officer says since your claim is Rs 1lakh , credit is given for for 1lakh . He refuses to take recognition of excess TDS CERTIFICATE . I understand that ther is dome decision either tribunal or some court that Tax certificates when valid But for clarical mistake credit cannot be denied . Can u pl give some indication . Further if the time for filling revised return expires what remedy is available for recovery of due of tax deducted. Thanks S. ROYCHOWDHURY

[Guest]

Yashpal Sahni 211 CTR 1 (Bom - HC)) Escorts Ltd.; 15 SOT 368 (Delhi ITAT) The above cases might be of help

AI Summary

Client Seeks Legal Precedent for Recognition of Excess TDS Due to Clerical Error; References Notable Cases for Guidance A client submitted an income tax return for 2006-2007 with original TDS certificates, claiming Rs 1 lakh, though the valid TDS amounted to Rs 1.5 lakh. The assessing officer only credited Rs 1 lakh, ignoring the excess TDS. The client seeks guidance on legal precedents that support recognition of excess TDS due to clerical errors. Amit Gupta suggests referring to cases Yashpal Sahni 211 CTR 1 (Bom - HC) and Escorts Ltd.; 15 SOT 368 (Delhi ITAT) for potential remedies, especially if the deadline for filing a revised return has passed.