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Query asked by Shetal Shah on May 25, 2020

Re: How to take Credit of TDS against disputed tax liab?

Respected Sir,
I am facing an issue in filing Form 1 of Vivad se Vishwas Scheme.
As per FAQ’s released by CBDT on 22.04.2020, it was clarified by Q 29 that credit for earlier taxes paid against disputed tax shall be allowed. After giving effect to taxes paid against disputed tax, net amount payable/ (refundable) by the declarant is determined.
In Form 1 – Part E, details related to payments against tax arrears are required to be filled. For the same, we need to fill the date of payment of tax, BSR Code and amount.
In my case there is TDS credit which can be adjusted against disputed tax. However, there is no option available in the Form to fill the TDS Credit. It cannot be filled in Part E as there is no date of payment or BSR Code for TDS credit.
Thus, I wanted to know under which Schedule details of TDS credit can be filled. Can TDS credit be adjusted while mentioning disputed tax in Schedule I of the Form.?

If form no 26AS shows the credit , the assessee can adjust the credit . It may  desirable  to  approach the designated authority asking for clarification . If designated authority does not respond  with in  a resobale time the assessee may approach High Court by filing Writ petition. 

 


 

One comment on “How to take Credit of TDS against disputed tax liab?
  1. CA.Kavitha says:

    Yes, tds amount to be adjusted against the disputed tax in schedule A(I).

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