non issuance of tds certificate

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NAVNEET PRAKASH (Querist)
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18 December 2009 Mr "A" is service provider.
Mr "B" (a pvt company) is the party who receives service for cash.
Mr "B" had deducted TDS while making payment to Mr. "A" ,but not issued TDS certificate.
Whether it is possible to take tax credit by Mr. "A"?
What is the right course of action to get the TDS certificate from Mr "B"?

Murtaza I Bhagat

Murtaza I Bhagat (Expert)
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18 December 2009 you just have to write a letter to " B " company to raise form 16A as TDS Certificate to claim as refund.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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18 December 2009 tds credit based on the deductor uploading the data in to the NSDL With the deductee PAN, if you are update the deduction and payment with proper PAN of "B" he can claim credit

TDS certificate issue is the reponsabilty of the Deductor,he has to issue with out any delay

Murtaza I Bhagat

Murtaza I Bhagat (Expert)
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18 December 2009 There are such things as PAN,NSDL Provisional Receipt of TDS Ded.,TAN of Company. without these you can not claim your tds so that you need TDS Certificate.

Kishanlal Paliwal

Kishanlal Paliwal (Expert)
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19 December 2009 I agree with CWA.Ramesh,
Issue of TDS certificate is the legal obligation on the deductor.

The base is the data updated in NSDL.

The deductee 'A' is to attach necessary supporting showing that TDS is deducted by the deductor along with his I.Tax Return establishing that 'B' is not issuing the TDS Certificate.

The ITO, have right to make query with 'B' for the facts in order to cross verification.

Regards

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