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Tds deducted of non pan holder (Income Tax)

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This query is : Resolved


( Author )
14 June 2012

hi
i have some deposit in bank and got interest on it, after that i come to know that bank has been deducted TDS on it @ 20% because i dont have pan no. so i requested to bank to issue TDS certificate but bank denied it saying no pan number no certificate.
my question is how can claim refund from the income tax department. plz help me on that issue and what is liability of the bank.


Siddhartha Bhardwaj

( Expert )
14 June 2012

You should provide your PAN to the bank and ask them to revise their TDS return so that the TDS can be shown against your PAN.

Only then you will be able to claim refund of tax.


jasbir singh

( Author )
14 June 2012

thanx sir
if bank denied to do so what remedy i have ?


Siddhartha Bhardwaj

( Expert )
14 June 2012

In that case, you do not have any option. You should have provided your PAN at the time of making the deposit.


Siddhartha Bhardwaj

( Expert )
14 June 2012

In that case, you do not have any option. You should have provided your PAN at the time of making the deposit.


Mukesh Kumar Rawal

( Expert )
14 June 2012

First of all, bank can not denied to issue the certificate on the ground that :
NO PAN - NO Certificate
So, ask strickly from bank to issued TDS Certificate in your name and mention in the PAN column : NOPANAVAIL


Mukesh Kumar Rawal

( Expert )
14 June 2012

First of all, bank can not denied to issue the certificate on the ground that :
NO PAN - NO Certificate
So, ask strickly from bank to issued TDS Certificate in your name and mention in the PAN column : NOPANAVAIL


Siddhartha Bhardwaj

( Expert )
14 June 2012

Dear CA Mukesh, as you must be aware that Form 16A has to be downloaded from NSDL website. Form 16A can be downloaded only if PAN is available.

In cases where no PAN was provided, Form 16A CANNOT be generated.

The deductor has to first revise the TDS return and provide the PAN. Only then Form 16A can be generated.


murtaza

( Expert )
14 June 2012

yes agree with siddharthaji,


if even bank gives 16A with PANNOTAVBL then how can he claim refund without showing tax credit in 26AS

dept. will take that certificate in manually and deduction details in efiling

but while assessment dept. will show not refund found and if he has use that tds amount in tax ability then he will received notice of demand with challan for less payment


so first request you bank to revised their tds return with your PAN to claim refund or avoid demand


murtaza

( Expert )
14 June 2012

yes agree with siddharthaji,


if even bank gives 16A with PANNOTAVBL then how can he claim refund without showing tax credit in 26AS

dept. will take that certificate in manually and deduction details in efiling

but while assessment dept. will show not refund found and if he has use that tds amount in tax ability then he will received notice of demand with challan for less payment


so first request you bank to revised their tds return with your PAN to claim refund or avoid demand


murtaza

( Expert )
14 June 2012

yes agree with siddharthaji,


if even bank gives 16A with PANNOTAVBL then how can he claim refund without showing tax credit in 26AS

dept. will take that certificate in manually and deduction details in efiling

but while assessment dept. will show not refund found and if he has use that tds amount in tax ability then he will received notice of demand with challan for less payment


so first request you bank to revised their tds return with your PAN to claim refund or avoid demand


jasbir singh

( Author )
14 June 2012

thank you so much all



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