Refund of tds

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SUNNY (Querist)
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22 July 2012 Hi friends first of congrats to all my friends cleared their exams. Dear friends i have a query please clarify it

One of my friend working in pvt co. as employee but the company DOESNT SHOWING HIM ON PAYROLL. HE IS GETTING HIS SALARY AS FULL TIME CONSULTANT (Rs 10000 pm Gross ). In F.Y 2010-11 the company deduct his tds @ 20% u/s 194j as he was not having PAN No that time. The person has no other source of income so his income is below taxable limit
( Rs 120000 pa ). In that situation i know my friend can claim hi his TDS, but the problem is his TDS is not reflecting in 26AS. To solve this i told the
company's accounts deptt to please revise thier TDS Return and add his pan no. but the accounts deptt are not ready to this becuase they are saying me refund is not possible so there is no benefit for revise. They said if it is possible then prove us with any section , notification etc. Now friend i need your help that how to prove my words to him with the help of relevant sections and also tell me there is any other way to get the refund. please clarify me.

Amol S Joglekar

Amol S Joglekar (Expert)
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22 July 2012 You need to take stubborn stand (If you can)and make a complaint with Income Tax Department. Take the help of civil LAWYER. He needs to prepare the evidence that the 194J employer is not ready to revise or pay back the TDS.

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SUNNY

SUNNY (Querist)
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22 July 2012 Amol sir i cannot take refund on the basis of form 16A

SUNNY

SUNNY (Querist)
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22 July 2012 Amol sir i cannot take refund on the basis of form 16A But tds no in 26AS

SUNNY

SUNNY (Querist)
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22 July 2012 Amol sir i cannot take refund on the basis of form 16A But tds not in 26AS. Is it necessary to have TDS amount in 26 AS to claim refund?

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