The answer is ‘NO’ there is no such provisions in the Income tax Act /rules to adjust the same by assesee himself. If the excess is related to perriod up to 31.03.2010 then Assesssee can claim refund of the same as per the provisions of  CIRCULAR NO. 2/2011 [F.NO. 385/25/2010-IT(B)], DATED 27-4-2011 . Detailed analysis of the same can be seen on the link given below:-

Procedure for Refund of Excess TDS Deducted/ Paid

All refund related to period on or after 01.04.2010 are governed by the Provisions of section200A of the Income Tax Act, 1961.  We are producing below the same for your ready reference.

[Processing of statements of tax deducted at source.

200A. (1) Where a statement of tax deduction at source has been made by a person deducting any sum (hereafter referred to in this section as deductor) under section 200, such statement shall be processed in the following manner, namely:—

              (a)   the sums deductible under this Chapter shall be computed after making the following adjustments, namely:—

         (i)   any arithmetical error in the statement; or

        (ii)   an incorrect claim, apparent from any information in the statement;

              (b)   the interest, if any, shall be computed on the basis of the sums deductible as computed in the statement;

              (c)   the sum payable by, or the amount of refund due to, the deductor shall be determined after adjustment of amount computed under clause (b) against any amount paid under section 200 and section 201, and any amount paid otherwise by way of tax or interest;

              (d)   an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (c); and

              (e)   the amount of refund due to the deductor in pursuance of the determination under clause (c) shall be granted to the deductor :

Provided that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the statement is filed.

Explanation.—For the purposes of this sub-section, “an incorrect claim apparent from any information in the statement” shall mean a claim, on the basis of an entry, in the statement—

               (i)   of an item, which is inconsistent with another entry of the same or some other item in such statement;

             (ii)   in respect of rate of deduction of tax at source, where such rate is not in accordance with the provisions of this Act.

(2) For the purposes of processing of statements under sub-section (1), the Board may make a scheme for centralised processing of statements of tax deducted at source to expeditiously determine the tax payable by, or the refund due to, the deductor as required under the said sub-section.]

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0 responses to “Can excess TDS Paid for last Financial year can be adjusted against current F.Y.”

  1. C D MANGUTTE says:

    Income Tax default notice 2009-10 received for late challan paid. I have paid Interest 22480/-. but, here 14020/- interest paid execess. so, Can i used excess interest 14020/- another FY (i.e. 2011-12 here late challan interest notice rs. 5470/- i have not paid 5470/- till today.)

  2. Ram says:

    Dear Sir

    Tds amount for Aug is Rs.20,225 /-. Payable in Oct for the month of Aug Rs.20225 + with interest Rs.910/- But wrongly deposited the interest amount Rs.21,135/- (Rs.20,225+910) instead of Rs.910/-. how will adjust the balance interest amount. Please suggest me.

    Thanks

  3. yogesh says:

    Sir , our company is in insurance business, the tds certificate issued by our debtor and the amount showing credited and tds deducted is more than actual disburse amount and deducted .so what can we do to finalization the b-sheet.
    Party said that the tds is ded excess and you claim that amount during finalizaton of b-sheet but amount paid/credited showing in 26 AS and form 16 A is much more then we received.

  4. Shrikant Vishwanathan says:

    For the financial year 2009/10 (Assessment Year 2010/11), my TDS is more, as my employer has not allowed me deduction in respect of my LIC premiums and PPF contribution, as I had submitted proof to the employer late.
    I had not so far filed my return of income.
    Now I want to file my return of income for claiming the refund for the Assessment year 2010/11. Please guide me the rule /procedure.

  5. Ganesh says:

    Can excess TDS Paid for last Financial year can be adjusted against current F.Y.

  6. Ganesh says:

    how should i match return in this financial year

  7. Ganesh says:

    Dear sir,

    i had pay excess TDS payment on salary ( Example-:my employee total TDS deduction is Rs 10000/- ) but time of i was pay Rs 20000/-) please guide

    Thanks

    Ganesh

  8. gowrinaidu says:

    Excess payment discovered after financial year

    In case, the detection of such excess amount is made beyond the financial year concerned, such claim can be made to the Assessing Officer (TDS) concerned.
    However no claim of refund can be made after two years from the end of financial year in which tax was deductible at source.

  9. A.C Lahiri says:

    I will be filing my personal return in this assessment year…but last time I had paid tax to the government. What I wanted to know is..the amount already paid by me in the last assessment year as tax, can that amount be adjusted with the current tax payable in this assessment year ??

    I really need to know this…can you please let me know whether that can be possible…in my id.

    Thanks.

  10. sameer says:

    I work under central government and my tax is deducted at source. I have availed a home loan from HDFC bank in Apr 2010 which is not reflected in my pay slip. My loan has not been fully reimbursed by the bank as the flat is still under construction. My loan installment is deducted from Axis bank ( Thru ECS). I have a couple of questions here. 1) I want to avail refund on my home loan. Is it possible.
    2) Can I avail refund for the year 2010. 3) What is the procedure for the same. 4) what documents will I have to get from the bank from both the banks (HDFC and Axis). I am new to filing taxes.

  11. satish says:

    If excess TDS paid in U/s 194C, adjust can other section in same year 194I or 194H ?

  12. Kailas chavan says:

    Dear ratnakar deshpane,
    As per 16 A i have to pay 2500 rupees as tax which i paid in december 2011 and in same month my employer also cutted my money by way of tax of year 2010-11. by this way i paid tax twice to it department. Please give me the procedure to obtain back the excess it which was cutted by my employer.
    Thanx in advance.

  13. Ratnakar Deshpande says:

    Pl send me Tax Updates

  14. jai parkash sharma says:

    i had filed TDS salary return Financial year 2009-2010 of the company employee one of the employee work in other company earlier his TDS deducted excess and i have deduct less but in the company return i do not mention in the salary TDS return earlier employer detail now demand demand created the income tax TDS department . how to solution the problem.

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