Tds deducted but not deposited by deductor

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Manish Sharma (Querist)
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21 November 2014 Hello guys

I have a query that post office deptt. deducted TDS on commission received by me for A.y 09-10 and for A.y 08-09 and issued TDS certificate to me. After filing manual income tax return for refund of TDS the deptt claimed that they have no record of the tax deducted because post office not update the record properly and hence not issue tds refund to me. I have proof of TDS certificate which was issued by Post office deptt.

Can anyone help me on this and tell me the procedure ,How to claim that refund for A.y 08-09 and 09-10?

any advise from you will be very helpful.

Amol S Joglekar

Amol S Joglekar (Expert)
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21 November 2014 There is a provision of giving INDEMNITY bond by you to the concerned Assessing Officer and request him to issue the refund manually.

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Manish Sharma

Manish Sharma (Querist)
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21 November 2014 Can you please provide me the relevant section in which all detail is given. Or any case law.
Thanks for your reply

Amol S Joglekar

Amol S Joglekar (Expert)
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22 November 2014 This is the office procedure. You can write a letter to concerned ITO requesting the issue of refund. The concerned CIT will give the permission and then you can file the returns and get the refund.

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