incorrecr pan in tds certificate and intimation u/s 143(1)

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 June 2010 hello,
Please guide me on this.

I filed return for assessment year 2008-2009 u/s 139(1).My income was well within the exemption limit and tds was deducted from my income of Rs 12360/-. so I filed the return claming refund of the tds.
Recently i got an intimation u/s 143(1) from the department on 17/06/2010 regarding the assessment year 2008-2009 stating that total tds amount to be nil and total amount refundable as nil.I checked the original tds certificate with me and found that the pan no mentioned in it is not correct.
I am ready to give letter for correction of intimation u/s 154, but when i got in touch with the company who deducted the tds, they are saying that my PAN was mentioned wrong in the tds return that they have filed, and if they file new return that would tantamount to penalty of Rs 100/day of delay on their part. So what they are saying that they can give me the acknowledgement of the tds return filed by them and a letter to the effect that my Pan was mentioned wrong in the return and request to give me credit of tds. they are saying that i should attach that letter, tds return and old(wrong pan) tds certificate with the letter and give it to the AO. Would this serve the purpose. Please guide me on this.......

Thanking you..

Shudhanshu Agrawal

Shudhanshu Agrawal (Expert)

28 June 2010 I am not agree with the information provided by the comapny. Penalty of Rs. 100 per day is levied when they have not filed TDS return but in your case they have filed their TDS return and mentioning your PAN no wrong. In such a case they can revise their TDS return and then you can take the benefit of TDS deducted.

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CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)

28 June 2010 Agreed with Experts.
Penalty is for non-filing of return, not for revising the return.
Penalties under Income Tax Act OF Rs. 100 for every day during which the failure continues

272A(2) apply for Failures to: .
Comply with notice u/s. 94(6) furnishing information regarding securities
Give notice of discontinuance of business - S. 176(3)
Furnish in due time returns, statements, or particulars u/s. 133, 206 or 285B
Allow inspection of any register(s) - S. 134
Furnish returns u/s. 139(4A)
Deliver in due time a declaration mentioned in S. 197A
Furnish a certificate u/s. 203.
Deduct and pay tax u/s. 226(2)
Furnish returns/ statements/ certificate u/s. 206C
Furnish a statement of particulars of perquisites and profits in lieu of salary u/s. 192(2C)

there is nothing about revising the return.
You have to request for revised the return.

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