TDS Mismatch

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 May 2010 Due to TDS mismatch with NSDL Data ITO allowed lower amount of refund.
What to do now???????
If there is any judgement passed in relatin to this in favour of assesse

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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14 May 2010 SUBMIT ORIGINAL TDS CERTIFICATE ALONG WITH LETTER U/S 154

Querist : Anonymous

Querist : Anonymous (Querist)

14 May 2010 I already submitted TDS certifictes with AO but he not considered that.
If there is any judgement

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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14 May 2010 fILE Rectification of Intimation U/s 154 of The Income Tax Act, 1961.

Querist : Anonymous

Querist : Anonymous (Querist)

14 May 2010 I already filed for rectification u/s 154 but no solution .

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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14 May 2010 Have they given a reply in response of your 154.

Querist : Anonymous

Querist : Anonymous (Querist)

14 May 2010 Yes they disallowed the same,by mentioning that lower amount of tds on NSDL,
Can u give me the DRAFT letter U/S 154 as per your intimation

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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14 May 2010 Usually the issue the deductor show cause notice regarding not showing tds amount claimed bu=y deductee in NSDL. On the basis of that they issue rectification order u/s 154.

Querist : Anonymous

Querist : Anonymous (Querist)

14 May 2010 Please give me the draft letter U/S 154 in relation to the TDS mismatch

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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14 May 2010
To 17 March, 2010
The I.T.O Ward-1(1), Kolkata
Aayakar Bhavan,
P-7, Chowringhee Square,
Kolkata – 700 069

Dear Sir,

Ref: - Your Intimation U/s 143 (1) dated: 15-10-2009 for the A.Y 2008-2009, Received on
05-02-2010 (PAN ..........)

Sub: - Rectification of Intimation U/s 154 of the Income Tax Act, 1961.

We have received your above mentioned intimation U/s 143(1) of the Income Tax Act which is showing a demand of Income Tax of Rs. 84,850/-

In this connection we want to bring in to your kind notice that in our income tax return we had claimed Rs. 1,14,499/- on account of TDS, but in your calculation the amount of TDS considered by you is only Rs. 33,012/-. We are also enclosing herewith the Original TDS Certificates for the Assessment Year 2008-09 amounting to Rs. 1,14,499/- (One Lac Fourteen Thousand Four Hundred Ninety-nine Only) for your perusal.

Further since the amount is not in conformity with NSDL you are requested to check it from the end of the deductor as we are submitting you original TDS certificates.

We therefore request you to please rectify your abovementioned intimation U/s 154 and issue a rectification order to that effect at the earliest.

Thanks you,

Yours faithfully,

For ................Pvt. Ltd.

(Director)

Encl: 1) Copy of Intimation
2)Original TDS Certificates.
3) Copy of Acknowledgement

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 May 2010 Please see CBDT instruction in http://canews1.blogspot.com/2010/03/cbdt-instructions-on-processing-of-it.html

Make out a petition citing the above and submit before the ITO once again. If refund is not granted even then, take up the matter with higher authorities.