Non filing of TDS Statement by a Company.

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Prasenjit Paul (Querist)
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23 October 2010 Dear All,

The company with which I had been working deducted the TDS amount from my receivable amount for the period of the Financial Year 2007-08, 2008-09 and paid the rest amount. And the said company also issued the TDS Certificate in Form 16 A for the Financial Year 2007-08, 2008-09 in my name wrongly spelled with correct PAN.

That, I could discover that the said company have issued my all TDS Certificates in my name as PRESENJIT PAUL instead of PRASENJIT PAUL against my PAN.

That, I also registered my PAN in the NSDL to view the Tax Credited in my account. Then I found that the said company did not deposit the said TDS amount in the account of Central Government for the Financial Year 2007-08 & 2008-09.

Under the above facts and circumstances, please suggest me, what should I do so that I may get the Refund of the TDS amount which the said company have deducted from my receivable amount in the Financial Year 2007-08, 2008-09.

Thanks & Regards.

Prasenjit Paul.
prasenjit_200697@rediffmail.com

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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23 October 2010 TDS certificate cannot be issued without payment of tax, May be company not paid TDS fully to the govt, and adjusted the challan for all the deductees in the physical form 16 or not filed the TDS return or filed but in return your PAN was not mentioned or wrongly menetioned

If you are having TAN & tds return acknowledgement number you can check the return status. ask reason from the employer

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Prasenjit Paul

Prasenjit Paul (Querist)
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24 October 2010 Mr. Ramesh Krishnan, Thanks for your suggestion.

Prasenjit Paul

Prasenjit Paul (Querist)
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24 October 2010 Mr. Ramesh Krishnan, Thanks for your suggestion. I have checked the return status using TAN & TDS return acknowledgement. I have found that in every transaction the amount did not match with my amount mentioned in the TDS Certificate. So, it may be the company not paid TDS fully to the govt, and adjusted the challan for all the deductees. Whether it may be the reason for not reflecting the TDS in the Form 26AS?

In the circumstances please suggest me, what should I do so that I may get the Refund of the TDS amount which the said company have deducted from my receivable amount in the Financial Year 2007-08, 2008-09.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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25 October 2010 In this case, first you go by the recodrs available with you, bases on your return and TDS certificate you approch the Income tax A.O. for refund, if they told the TDS not credited in your PAN based on that you ask your employer to give the reply and if the employer already really paid the TDS they will give correction and reply, if suppose they are not paid the TDS they may avoid you. such as case make proper evidence for your communication with your employer and ask employer give proper reply otherwise you may tell " you are going for complaint to the ITO - tds circle related to your employer for issuance for wrong TDS certificate" if, they paid they will not bother you,if they are not paid TDS correctly, they may come to your way for either refund the amount or correct the return

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