Harassment by department

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This query is : Resolved

CA Sahil Singla.. (Querist)

17 July 2012 Sir

Some Government Department deducted my TDS on interest paid to me for the F.Y.2009-10 & issued me form 16A. Similar thing was done for the F.Y.'s 2010-11, 2011-12.

But When i got intimation u/s 143(1) for the f.Y. 2010-11, department adjusted the TDS credit of 2009-10 against the Refund of 2010-11. It was implied since there is no credit of TDS deducted by the govt. department in my form 26AS.

In simple words, TDS is either not deposited or something wrong in TDS return filed by them for last 3 years. I have called them, even issued them the request letter. But they are not paying any heed.

Now i want to pursue though income tax Department, bcoz i am incurring Loss of TDS deducted. Please guide me. To whom in Income Tax Department i should write. I have already filed RTI against the concerned Department.

Sahil Singla
CA Finalist

CMA Nishad Patkar

CMA Nishad Patkar (Expert)

18 July 2012 It is responisbility of the payer to deduct and depoist the tax dedcuted within stipulated period u/s 200 of IT Act. If payer is failed to do so, payee has to pay the tax on same. In your case payer must not have deposited the TDS with Wrong pan and hence credit is not shown in 26AS. You have only two options:

1. Write the facts to AO at your ward along with the copy of Form -16A
or
2. Demand the TDS deducted amount from payer whihc he has not actually deposited.

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