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Regarding TDS

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(Querist)
21 December 2009 Dear Expert,

we deducted the TDS u/s 194c which should be deducted as per sect 194I, now the ITO is asking us to pay the differential rate of tax amount to them.

But the service provider on whose amount this tds is done, has filed the return and paid the tax amount accordingly.

if we pay the amount as per ITO, it will become double payment of tax (service provider already paid on his sales).

hence in this case what i have to do?
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
21 December 2009 ITO Action justified because if the person fails to deduct the tax ( Partly or Fully ) the deductor should pay the differnce amount of tax, But you can request the ITO the particular deductee already paid the differnce with the proof of tax payment
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