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TMI BlogProcedure for refund of tax deducted at source under section 195X X X X Extracts X X X X X X X X Extracts X X X X ..... granting approval for refund of excess deduction or erroneous deduction of tax at source under section 195 of the Income-tax Act. The cases referred to the Board mainly relate to circumstances where : (i) after the deposit of tax deducted at source under section 195, (a) the contract is cancelled and no remittance is required to be made to the foreign collaborator ; (b) the remittance is duly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing a return. 2. In the absence of any statutory provision empowering the Assessing Officer to refund the tax deducted at source to the person who has deducted tax at source, the Assessing Officers insist on filing of the return by the person in whose case deduction was made at source. Even adjustment of the excess tax or the tax erroneously deducted under section 195 is not allowed. This has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... existing tax liability under any of the Direct Tax Acts. After meeting such liability, the balance amount, if any, should be refunded to the person responsible for deduction of tax at source. 5. Where the tax is deducted at source and paid by the branch office of the person responsible for deduction of tax at source and the quarterly statement/annual return of tax deduction at source is filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "Income-tax on companies", major head "020—Corporation tax" OR below the minor head "Income-tax other than Union Emoluments", major head "021—Taxes on incomes other than corporation tax", depending upon whether the payment was originally credited to the major head "020—Corporation Tax" or to the major head "021—Taxes on Income other than Corporation Tax". 7. Since the adjustment/refund of the am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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