Tds deducted but not deposited by deductor

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This query is : Resolved

vibhor (Querist)

25 March 2014 Suppose X deducts tax of Y in april'13 and made the payment to Y after tax deduction. But X did not deposited the tax and ddn't filed his TDS return too. As a result, it is not reflecting in 26AS of Y.
What are legal rights of Y in this case?
To whom should he approach and how?
Please share your views.
Thanks.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

25 March 2014 then x needs to deposit it and have to file tds return else no tds credit will be made available.

Nikhil Kaushik

Nikhil Kaushik (Expert)

26 March 2014 the one approach is to use this CBDT’s Instruction No. 5/2013, dated 8.07.2013 - (10-07-2013)

https://www.icai.org/new_post.html?post_id=9707&c_id=219

You can approach TDS AO to enforce deductor to file tds returns and deposit taxes

Nikhil Kaushik

Nikhil Kaushik (Expert)

26 March 2014 this instruction may not have direct value to you as you dont have any tds certificate with you..but other documentary evidences to establish that tax has been deducted can be used to enforce action against deductors

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