Credit of tds, deductor non deposited tds

This query is : Resolved

PARTH SHAH (Querist)
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13 June 2014 can a Tds credit taken by a deductee, if deductor deduct tds on commission income but not deposited same, even upto due date and not able to deposit evenafter.

Can deductee, take a stay on above tax?
pls reply the consequences for same.

Guest

Guest (Expert)

13 June 2014 YOU CANT TAKE DEAR.............

PARTH SHAH

PARTH SHAH (Querist)
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13 June 2014 how to take?
just shown in return? will u pls explain as per rule/procedure?

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CA.Sourabh Sethia

CA.Sourabh Sethia (Expert)
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13 June 2014 you can't take any stay

you have to file your income tax return & have to pay the tax

and for the tax deducted by the deductor should be claimed or you have to write a letter to TDS department

but if you have earned income then you cannot get stay from the tax liability

also if your deductor is not depositing or not refunding the TDS amount
you can show the Net Amount as your Income as because the deducted portion is not your income any more but this option must be exercised only if the deductor is not depositing your credit or not refunding you that amount