Tds

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Mustafa Badshah (Querist)
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28 January 2014 IF THE EMPLOYER HAS DEDUCTED TDS BUT NOT PAID TO THE GOVERNMENT,THEN CAN THE EMPLOYEE CLAIM CREDIT OF SUCH TDS.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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28 January 2014 No credit can be claimed till TDS is deposited and the return is filled.

Mustafa Badshah

Mustafa Badshah (Querist)
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05 February 2014 Mr. Sanjay kindly read section 205 of the income tax act and reconsider your reply.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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05 February 2014 Even if employee claims the TDS he will not get credit since the same will not be reflected. So better request the deductor to deposit TDS, file TDS Return and issue form 16.

If not complied by the deductor the employee should claim TDS amount as per actual in his return. Again in 143(1) demand will be raised then he should give the factual reply. He has the protection of not only section 205 but also from the recent CBDT Directives whixh may be seen from below link--

https://www.caclubindia.com/forum/cbdt-directive-on-grant-of-tds-credit-in-mismatched-cases-258273.asp#.UvJTWU1DHVI

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