Re: VIVAD SE VISHWAS, 2020
Dear sir,
I am a non-resident Indian. As per an assessment order for AY2010-11, I filed an Appeal.
I would now like to avail the benefit under VSVS,2020. As per the certificate in Form 3, I am supposed to pay an amount of Rs.268,000/-.
Kindly note that there was a TDS amount of Rs.328,000/- from capital gain on the sale of the mutual fund during the same period. Since I had not filed ITR in AY 2010-11, this TDS remains non-refunded. My query is: Is it possible to adjust the TDS amount of Rs.328000/- against the balance amount payable ie Rs.268000/? Accordingly, I can show the TDS amount that is not yet refunded in Form No.4.
If the TDS is not determined as refundable to the assessee, the assessee cannot get the advantage. The assesee may have to make separate application for getting the refund. If the appeal and refund relates to the same Assessment year and in the form 26AS the tax deducted is shown , then the assessee can adjust the refund . In case of difficulties it may be desirable to approach the Designated Authority .
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