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Tds deducted by company but not deposited

Kavita R (Service) (166 Points)

25 July 2017

I am working as a Consultant in a Company. The Company has deducted tax for the last 2 years from my bill, but has not deposited it. Now i want to file my returns for F.Y. 2016 & 2017. How to show the same in my returns? Kindly clarify URGENTLY as only 1 week left for the last day for filing returns.

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9 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160322 Points)
Replied 25 July 2017

Get the TDS certificate from the company, when TDS has been deducted............

If you cannot get the certificate, difficult to prove.

Studentsca (CA Practice ) (3577 Points)
Replied 25 July 2017

Do you have Form 16 specifically providing that TDS has been deducted. If yes then file your tax returns accordingly.

Kavita R (Service) (166 Points)
Replied 25 July 2017

thank You sir, but if i show the whole amount of my income and if i enter the TAN details and TDS amount deducted at source of the Company then is it wrong in doing so as my 26 AS is not showing the TDS deducted by the company.

(Guest)

If you want to forgo the amount deducted, then show received amount only in tax return because the company would have been taxed on this amount u/s 40. Else, if you have written agreement for the fee amount, submit details of tax paid on such gross income and claim the amount from the company.

V.Raghunadh (Practicing Advocate and Corporate Consultant) (202 Points)
Replied 25 July 2017

Please ref to cases CIT vs Om Prakash Gattani 2000 242 ITR 638 & Annusuya Alva vs CIT , where it is been observed that as the IT dept has no option against receipient but allow him credit and it can proceed against the deductor by treating as assessee in default.
From the above you can know that you are safe.

Kavita R (Service) (166 Points)
Replied 26 July 2017

thanks .... One more query. I am not on pay roll of the company and i am raising bills for claiming my salary. The company deducts 10% TDS and has not deposited the same. There is a column "Amout out or (5) claimed this year" in TDS sheet of ITR 1. My query is should i fill the same amount as TDS in this column or not?

Secondly i tried filling the details in that column then i receive a refund on IT calculation. Is it correct?