Comment posted Can A.O Disallow Expense If TDS Is Deposited Before Filing Of Return? by srmohanandco.
An application under section 154 could be filed for the assessment year 2005-06,seeking the rectification/modification of assessment where the additions were made by the I T O or dis allowances were offered by the assessee in the computation of income.
In the light of the amendments to Finance Act 2008, the department is obliged to pass the rectification/modification orders. Since the time limit for the rectification is still available one can file the petition at the earliest. Most of the assessments must have been completed during October 2005 to December 2007. So hurry up.
srmohanandco also commented
- Why the TDS refund is delayed for a very long period ? Can anybody explain why? is there any way to get the pending refund from IT dept.
- It is interesting to note this amendment. More important on the impact in Previous Assessment years including Ay 2005-2006.
It is worth to note that assessment for the AY 2005-2006, All the scrutiny assessments / self assessments would have been completed by 31-12-2007.
In all such cases, The AO would have disallowed based on earlier provision.
What ought to have been claimed because of the amendement could not be claimed because the assessment itself is completed.
Now the question is
1) In case of scrutiny assessment, Is there a possibility for the AO to rectify his assessment on his own or if a petition has been made, would the AO will look into? What is thelegal way out?
2) In cases where self assessment is made.The assessee themselves would have dissalowed such expenses. In such cases what is the remedy?
Regards
sathya
vyakul@gmail.com
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It is interesting to note this amendment. More important on the impact in Previous Assessment years including Ay 2005-2006.
It is worth to note that assessment for the AY 2005-2006, All the scrutiny assessments / self assessments would have been completed by 31-12-2007.
In all such cases, The AO would have disallowed based on earlier provision.
What ought to have been claimed because of the amendement could not be claimed because the assessment itself is completed.
Now the question is
1) In case of scrutiny assessment, Is there a possibility for the AO to rectify his assessment on his own or if a petition has been made, would the AO will look into? What is thelegal way out?
2) In cases where self assessment is made.The assessee themselves would have dissalowed such expenses. In such cases what is the remedy?
Regards
sathya
vyakul@gmail.com
An application under section 154 could be filed for the assessment year 2005-06,seeking the rectification/modification of assessment where the additions were made by the I T O or dis allowances were offered by the assessee in the computation of income.
In the light of the amendments to Finance Act 2008, the department is obliged to pass the rectification/modification orders. Since the time limit for the rectification is still available one can file the petition at the earliest. Most of the assessments must have been completed during October 2005 to December 2007. So hurry up.
Why the TDS refund is delayed for a very long period ? Can anybody explain why? is there any way to get the pending refund from IT dept.