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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 July 2015 Hello sir,
My return was not filled online for the AY 2009-10. Tax was paid but It is not showing in TDS(26AS).
So i receive notice under section 1431(a).
Can i file revised return for this or else what i have to do.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 July 2015 then the person who deducted have not uploaded ur tax deducted in his tds return or ur info is not provided therein properly by deducotr

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Querist : Anonymous

Querist : Anonymous (Querist)

25 July 2015 So,if person (govt. office) who deducted have not uploaded my TDS return,what i have to do ?

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 July 2015 ask them to uplaod all your details in thier tds return else u ca never get tds credit legally as it dept will refer only 26AS and that depends on the info provided in thier tds return by deductor

Querist : Anonymous

Querist : Anonymous (Querist)

25 July 2015 what action shall we take against deductor that they hasn't fill return? and I have received the copy of statement of tds u/s 200(3) but i didn't know whether they file return or not.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 July 2015 then u can directly write a letter to your juridictional tds range officer regarding same or your AO

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Querist : Anonymous

Querist : Anonymous (Querist)

25 July 2015 thank u for ur replies !!!

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 July 2015 you are welcome friend......................

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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26 July 2015 In a recent development pursuant to the judgement of the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273, the CBDT has issued Instruction No. 5/2013 F.No.275/03/2013-IT(B), dated 8.07.2013 stating that when an assessee approaches the AO with requisite details and particulars in the form of TDS certificate as evidence against any mismatched amount, the AO will grant credit of TDS to the assessee after ascertaining whether the deductor has made payment of the TDS to the Government.

It Directed all officers that -

"when an assessee approaches the Assessing Officer with requisite details and particulars in the form of TDS certificate as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down."

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