27 May 2015
I had sold my house and the buyer (VINOD NAGAR) had deducted 1% (Rs. 62900) towards TDS and deposited in income tax department. My form 26A showed the amount and the name as NAGAR. Accordingly I had submitted my ITR2 claiming refund of Rs 62900. The assessment order said that there is mismatch and therefore claim of Rs. 62900 was not accepted. I again checked form 26A and found that name of the buyer is shown as VINOD. I filed revised returned (at that time I did not know that I could have filed a rectification request. Again revised assessment order says that there is a mismatch and reproduced the table as shown below: The following are the details of Unmatched Tax Deducted at Source (TDS) / Tax Collected at Source (TCS) Claims
Valid Tan of the deductor Name of the Deductor/ Amt. Claimed Amount Matched Amount of Mismatch TDS Type AY PAN of the buyer Name of the Buyer under TAN in (2) (3) (4) (5) (6) (7) (8)
AEGPV2720J 62,900 0 62,900 TDS3 2014
Valid TAN Flag
(9)
N Below are the details filled by me (filed return down loaded from IT department site) SCHEDULE TDS3 SI NO PAN of the Buyer Name of the Buyer Unique TDS Certificate Number Unclaimed TDS brought forward (b/f) TDS of the current fin. Year Amount out of (6) or (7) being claimed this Year (only if corresponding income is being offered for tax this year) Amount out of (6) or (7) being carried forward in own hands in the hands of spouse, if section 5A is applicable Fin. Year in which deducted Amount b/f (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) AEGPV2720J VINOD 0XXHZISH 2013 0 62900 62900 0 Below I reproduce part of Form 26AS as down loaded from “TRACES” web site
PART A2 – Details of Tax Deducted at Source on Sale of Immovable Property u/s 194IA(For Seller of Property) Sr. No. TDS Certificate Number Name of Deductor PAN of Deductor Acknowledgement Number Total Transaction Amount Transaction Date TDS Deposited Date of Deposit Status of Booking* Date of Booking 1 XXHZISH VINOD AEGPV2027J AA0428621 6290000.00 30-Jul-2013 62900.00 03-Aug- 2013 F 07-Aug- 2013
I am not able to find the mismatch. It would have been better if assessment order clearly states that as per column such and such entry is xxxxxx and as per form 26A it is yyyyyy. Similarly for other columns if there is mismatch there also.
27 May 2015
In your case, name mis-match is not problem. You have to confirm, whether buyer quoted your PAN correctly.
First, you ensure the same.
The credit of the TDS is based on your PAN and not based on your name. Further, you confirm, whether the credit is showing in your form 26AS or not?
In case, no credit in your form 26AS,
First, you confirm that, buyer has remitted the amount or not?
In case, buyer had remitted the amount honestly, then you should contact TDS Range in your jurisdiction.
You have to file request letter along with Indemnity Bond on 100 stamp paper for the rectify the PAN. You should furnish the proof of bank payment also
28 May 2015
Credit of TDS is showing in my form 26AS. I do not know who to attach a file (copy paste does not work here). Mr. Mohit I have mailed the word file to you.
CAclubindia
