Navigating TDS claims: Options after late ITR submission | Mint
Source: Live Mint
My HUF had filed its income tax return (ITR) for the A.Y. 2024-25 on 1.08.2024. So I was late by one day. The income was below the exemption limit. In the ITR, I mistakenly forgot to claim tax credit towards TDS, which was reflected in 26AS. The ITR was duly processed, and Intimation u/s 143(1) was issued without giving credit for the TDS not claimed in the ITR. An application was made u/s 154 for claiming the TDS not claimed in the original ITR. The application was disposed of without giving credit for the TDS reflected in form 26AS. One more application, u/s 154, was made, but the same also met with the same fate. In the instant case, the department’s record clearly shows that there was a credit towards TDS, and despite 154 applications, the credit was not allowed. Looking at the amount of just Rs. 2,880/- involved, is it advisable to either file a revised return or go in appeal against the two orders passed under section 154 which were not speaking orders but intimations under Section 143(1). By filing a revised ITR, am I not exposed to the file being selected for scrutiny?
In my opinion, even 26 AS is also a record for 154. However, as the ITRs are processed remotely without any human interface, it is difficult to present your case.
Revised ITR Filing: Claim TDS credit by December 31, 2024, despite late S=submission
Though the ITR has been processed under Section 143(1) and you filed the ITR beyond the due date, you can still file a revised ITR claiming the amount of TDS not claimed earlier. The last date for filing the revised ITR is 31st December 2024.
Please note that the income in which you are claiming the credit should also be offered in the ITR. If you do not get the credit for the TDS amount even after the revised ITR is processed, I would advise you to file an appeal, even if the amount involved is minimal.
This is not a question of the amount involved but of your right to claim the legitimate amount. I do not think you are exposing your ITR to detailed scrutiny just by filing a revised ITR unless there are some red flags in your ITR that warrant detailed scrutiny.
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Balwant Jain is a tax and investment expert and can be reached at jainbalwant@gmail.com and @jainbalwant, his X handle.
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