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Tds Certificate

This query is : Resolved 
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(Querist)
03 July 2009 Dear Members.

'A' has a contract with 'B' While releasing payment on request of 'B' we released payment to 'C' further B requested to issue TDS certificate to 'C' only. Whether we can issue TDS certificates to 'C'?
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chetan soni

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chetan soni (Expert)
03 July 2009 actually you have contract of services with B. Logically you can't issue certificate to C.

You must have mentioned the PAN of B in the TDS returns. If returns are not yet filed then check whether,

1. You can get the new agreement backdated done with C.
2. Mentioned C's pan in your TDS return
3. Issue him certificate of TDS.
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taxindiaconnect

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taxindiaconnect (Expert)
03 July 2009 IN this case, whether the payment is made on behalf of B to C, means an obligation of B is mitigated or the actual service has been provided by C, accordingly you have made payment to C for the actual work done, if so, the TDS certificate can be issued to C subject to TDS returns information update as mentioned by Chetan in his reply.
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Ratan Sharma

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Ratan Sharma (Expert)
03 July 2009 Hi,
TDS certificate can not be issued in favour of C. You have to change the agreement as clarified by Chetan.
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CA Nitin Wadhwani

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CA Nitin Wadhwani (Expert)
03 July 2009 In my opinion, only B has the authority to issue TDS certificate.
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