Q. > Please Help: Extra TDS paid

429 views • Question added Feb 29, 2012 • Income Tax • By Vikash Misra , CS , Delhi

We had paid one month license fees as an advance to Air Port Authority of India . Advance license fees for Chennai & Kolkata came to Rs. 6,30,31,854 (Basic Rs. 5,71,45,833/- + ST 58,86,021/-). Advance license fees for Southern Region came to Rs. 3,68,40,752/- (Basic Rs. 3,34,00,500/- + ST 34,40,252/-). While making payment of one advance license fee, TDS has been deducted @ 2% under Section 194C in FY 2009-10.
One month advance license fees had been paid in FY 2010-11 for Chennai & Kolkata came to Rs. 6,30,31,854/- (Basic Rs. 5,71,45,833/- + ST 58,86,021/-). While making payment TDS has been deducted @2%. Balance Net payable amount i.e. 6,17,71,217/- had been paid to AAI. During audit of FY 2010-11, it came to know that TDS needs to be deducted @ 10% under Section 194I so balance amount of TDS for rest 8% has been deposited in September 2011 and TDS return has been revised in October 2011.
Issue:
1- Form-16A has been submitted to AAI after revision of TDS return in Oct 2011. AAI has forbidden taking Tax credit as AAI has opinion that they have filed Tax Return in Sep 2011 so they cannot take Tax credit after Sep 2011. In this case, what is the measure available to AAI to take tax credit?
2- If AAI has forbidden taking Tax credit, then what is the measure available to US?