Query in section 245

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Yajuvendra Rawat (Querist)
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01 June 2014 Dear Sirs & Friends,

One of client has received intimation U/s 245, stating that his refund will be adjusted against prior demand, my question is what shall we do if somebody has deducted TDS and the same is not deposited by them to the Income Tax, also can i convince the AO about this matter and evade tax liability that has arised or simply i have to pay tax and then ask the Tax deductor to return me the amount that was not deposited by him. Please let me know the solution.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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03 June 2014 Unless the deducted TDS is deposited no Form 16A can be issued at present. Without Form 16A you cannot convince the AO. Hence you have to pay Tax and ask the Tax deductor to return the amount.

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