NON ISSUE OF REFUND


22 February 2010 SIR,

IN ONE OF MY CLIENT CASE INCOME TAX DEPRMENT IS NOT GIVING REFUND BECAUSE THE TDS DATA IS NOT TALLIED WITH NSDL DATA. WE HAVE ALSO PRODUCED ORIGINAL TDS CERTIFICATE TO AO. IS THERE ANY CIRCULAR IN WHICH CLERIFY THAT ITO CAN ISSUE REFUND ON THE BASIS OF ORIGINAL CERTIFICATE. THE NON MATCHING OF DATA IS DUE TO NON SUBMISSION OF PAN IN THE TDS RETURN BY THE DEDUCTER. THE CASE IS ON A.Y. 2008-09

22 February 2010 There is no Circular but you have to tell the party that you pay the TDs to the government and then apply to ITO for refund.

23 February 2010 As per CBDT notification no refund can be withheld for nonsubmission of refund. U have to suggest the deducter to revise its TDS return with ur pan. Income tax department can not withheld ur refund.

23 February 2010 the deducter is a big company they are not ready to file correction return for one person.


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