Tds deducted but not yet tds certificate received..

This query is : Resolved

Prashant (Querist)
Follow

14 February 2016 Hi all, One small commission agent who earns commission on rent and sale of properties. One Shipping company deducted TDS while releasing payment to agent on sale of property. this was matter of September 2015. even today he did not deposited that TDS amount to the respective Department. against asking about TDS certificate he asked Photos and kYC Documents. this matter is going on since September 2015. even today when agent ask that company about TDS certificate, that fellow who is doing all this things said do not ask me prior to financial year end. come to me after April 2016. My Question is Do we have any kind of rights to ask about this, complaint about this so that that company should get warned, penalise for such actions and agent can get his money back in form of TDS Certificate. while releasing his payment to agent. but did not deposited that TDS amount to the department.

Ganeshbabu K

Ganeshbabu K (Expert)
Follow

14 February 2016 As per Rule 31 , Deductor is responsible to issue TDS certificate to deductee with in 15 days from the due date of filing of return ,So in your case they are liable to issue you a TDS certificate so as to reach you on or before 30/10/2015

What if company delays issuing TDS certificate as per above Rule?

Penalty will be charged to deductor u/s 272(A)(g) Of Rs.100 everyday during which failure continous subject to maximum of TDS amount

They may though they can issue tds certificates for all deductees at once,, but tell them that penalty will be charged .

Are you really serious and what to teach a lesson to deductor and get your TDS certificate,write a letter to Joint Commissioner or Add.CIT of TDS wing in your city who has jurisdiction over your deductor. In the letter, you must give
i. Give facts about payment made to you and deduction of tax thereon.
ii. Enclose copies of letter written to the deductor for issuing TDS certificates

Upon receipt of your request penalty will be charged to company and you will get TDS certificates.

But i can tell you to wait for some till as there is no hurry to file return now,,if you have any urgent need you may pressure the company
Check your form 26AS if you have tax credit from that company you may wait other wise you may ask them to give credit to you immediately or ask the refund of money instead of TDS