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Non issue of tds certificate

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Querist : Anonymous

Querist : Anonymous (Querist)

13 December 2014 An amount of around 50,000/- was deducted from my bills u/s.194C by Executive Engineer, PWD, Arunachal Pradesh during the financial year ended 31.03.2013. Inspite of my many written letters and reminders, they have neither issued me TDS certificate nor efiled TDS Return yet. I have to file my ITR for AY 2013-14, but without the above, I am not in a position to do the same. Can anyone advise me as what should I do now ?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

13 December 2014 Under the provisions of section 203 of the Income Tax Act, 1961 read with rule 31A, Certificate of tax deducted at source is to be furnished within fifteen (15) days from the due date for furnishing the statement of tax deducted at source. Failure to comply with the provisions of the Act will attract penalty under the provisions of section 272A of the Act, a sum of one hundred rupees for every day during which the failure continues. The maximum penalty can not exceed the TDS amount.

Just write a letter stating all the facts and quoting above provision and give a copy to your Income Tax Assessing Officer. Enclose papers in support of deduction of TDS. This will be sufficient.

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