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Tds showing excess

(Querist) 25 March 2012 This query is : Resolved 
My case has been assessed u/s 143(3)of A.Y. 2009-10 on 29.12.2011 and TDS allowed Rs. 35200/- in place 45900/-. After verification of 26AS, I found that Rs. 65800/- showing as TDS. Could I apply for rectification u/s 154 claiming TDS Rs.65800/- since the case has been assessed u/s 143(3).
Raj Kumar Makkad (Expert) 25 March 2012
You can apply for the ratification.
C. P. CHUGH (Expert) 25 March 2012
Yes definitely you can make an application for rectification of the order u/s 154. From your querry i see the following consequences, which you should take care before making application.

Tax credits claimed in original return Rs. 45900.00 but as per 26AS it is 65800.00, how and why the actual tax deduction was not claimed in the original return. Pls ensure corresponding income of the difference of TDS is duly accounted for and has been assessed u/s 143(3) before making an application for rectification otherwise it could a fit case for re-opening of the assessment u/s 147.
soumitra basu (Expert) 08 April 2012
Yes, I do agree with Mr. Chugh that the income stated in Form No. 26AS should tally with the income declared in the Return of Income. Otherwise there may be a case of concealment.


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