Tds deduction without pan no

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 I am working in a company but not having pan no. but my HR is deducting tds amt every month..apart from applying pan no. what documents I have to ask my HR like for the previous month tds details whether he has deposited my tds or not.. Kindly suggest.. also can i file return if not come under the salary slab

Mihir Doshi

Mihir Doshi (Expert)
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04 April 2012 As your TDS is deducted and your Salary is below exemption limit, it is advisable for you to file Return to get Refund amount. Also quote the PAN no. to your employer so he will not deduct TDS at higher rate from next month onwards.

Thanks
Mihir Doshi

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 Thanku for your reply..refund of deducted amount is not clear to me..pls clarify it

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 can someone share the percentage of deduction to be made for the salary

Mihir Doshi

Mihir Doshi (Expert)
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04 April 2012 Since you did not have the PAN at the time of TDS deduction, your employer must have deducted it at 20%- I presume that you are talking about FY 2010-11. In this case you cannot claim refund by simply quoting your PAN while filing IT return (ITR).

You can request your employer to submit ETDS correction statement and mention your PAN against the amount deducted. After ETDS correction you will get the credit in 26AS. This credit can be claimed for refund by filing ITR with your PAN.

Relevant Reference: With effect from 1st April 2010 tax at higher of the prescribed rate or 20% will be deducted on all transactions liable to TDS, where the Permanent Account Number (PAN) of the deductee is not available.

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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04 April 2012 Dear Friend,

there is no requirement to provide TDS to HR if your salary is within the exemption LImit.
Each & Every person is not required to apply for PAN.
How can your HR person Deduct TDS if it is within the exemption limit????

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 since he has already deducted tds, i have to ask my hr to give it back...can this is possible

Mihir Doshi

Mihir Doshi (Expert)
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04 April 2012 HR wont give you back that amount but make sure HR has deducted the TDS and same has been deposited with Government.

No remedy is available with you. You need to file the Return and claim refund from IT authorities.

Querist : Anonymous

Querist : Anonymous (Querist)

04 April 2012 ok...thanks a lot for such a valuable information...

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