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Correct TDS credit resposibility is of the deductor

By : on 10 July 2012 Print This Page Print | Report Abuse

 

Deductors Must Comply with their Obligations to Ensure Correct Credit to Persons from Whose Income Tax is Deducted at Source

 

All deductors other than Government deductors must file their quarterly TDS statement for the quarter ending 30th June 2012, on or before 15th July 2012 and Government deductors must file their statement on or before 30th July 2012. While submitting their statements, the deductors have to choose correct and relevant form, quote correct PAN against all entries and ensure that correct CIN/BIN is quoted in the TDS statement. Non-quoting of PAN or TAN in TDS statements or delay in filing of TDS statements may lead to levy of penalty.

 

Filing of TDS statement with correct PAN and CIN/BIN is important because under Rule 37BA of Income Tax Rules, 1962 credit for tax deducted at source is given to the deductees on the basis of TDS statement furnished to the Income-tax Department by the deductor. Filing of TDS statements with incorrect PAN or other details of the deductee would, therefore, cause inconvenience to the deductees (taxpayer).

 

In case the income on which tax has been deducted at source is assessable in the hands of a person other than the deductee, the deductee must file a declaration with the deductor that credit for the TDS shall be given to the other person and not to the deductee. The declaration filed by the deductee must contain the name, address, Permanent Account Number of the person to whom credit is to be given and reasons for giving credit to such person. The deductor must, in the TDS statement, report the tax deduction in the name of such other person and also issue the TDS certificate in the name of the person in whose name credit is shown in the TDS statement.

 

TDS certificates for deductions on income other than salary income (Form 16A) for the quarter ending 30th June 2012 should be issued on or before 30th July 2012.

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Comments (7)



Harshadrai oza
wrote on 12 July 2012

Central govt. should introduce TDS Challan-cum-Form No 16A for 194A etc.,as per proposed Sec.194LAA,No need to download Form No16A,Filing of Form No 26Q,27A.That NSDL,Bank,franchiese get charges rom Govt.etc.but TDS deductor is UPPAID SERVANT OF GOVT.I have already send my above proposal in details to Govt. harshadrai84@yahoo.com 9425517209


ARUN KUMAR MAITRA
wrote on 12 July 2012

Substantial penalty should be imposed alongwith criminal prosecution, if the employer does not issue the TDS certificate in time.It is a serious harassment to the employee.


Girish
wrote on 11 July 2012

In private sector up to a certain extend Tax is deducted, paid and returns filed properly, however in state government offices and departments, even though tax is deducted, the payment and filing of returns are not proper. If rules are getting strict, the officers will have to face penal actions. I have seen it in many cases in Kerala that government aided educational institutions and departments, the rules of tds are not complied with properly.

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