Tds @ higher rate
This query is : Resolved
27 July 2011
my bank deduct tds on interest at higher rate 20% as i have not provided PAN.I came with in range of 10% slab & accordingly refund is due to me. how will i get this refund.is there any other steps i have to take in this regard.ITR is to be furnished without form 16A than how will AO give me credit in this regards.
27 July 2011
Give copy of Pan card to the bank. Request them to file the quarterly return or if filed to rectify that return. After this tax credit will appear in your account via., form 26AS. Then file your return and seek refund. AO will gran refund if and only if credit appears in form 26AS.
20 August 2011
bank refues to rectify the return. what should i do, Is there any section under which bank is has to rectify its return on request of its customer, if yes than quote sec also.
27 July 2025
Here’s what you can do if the bank refuses to rectify TDS return even after you provide your PAN:
---
### 1. **Legal Obligation on Bank**
* Under **Section 200(3)** of the Income Tax Act, every deductor (bank in this case) is required to file the TDS return correctly.
* If PAN is provided after TDS deduction, the bank is **legally bound to rectify the TDS return** (file a correction statement) for the relevant quarter.
---
### 2. **Steps to Take**
* **Write a formal letter** to the bank requesting rectification of TDS return with PAN details and cite **Section 200(3)**.
* If the bank still refuses, you may escalate the matter to the **Income Tax Department**.
---
### 3. **Filing Complaint with Income Tax Department**
* You can file a complaint on the Income Tax Department’s official portal:
* Visit: [https://www.incometaxindiaefiling.gov.in](https://www.incometaxindiaefiling.gov.in)
* Use the “Grievance” or “Taxpayer Complaints” section to report the bank’s refusal.
* Attach copies of PAN, TDS certificates, and correspondence with the bank.
---
### 4. **Filing Your ITR**
* File your Income Tax Return with details of TDS deducted (as per Form 16A or TDS certificate).
* Even if TDS return is not rectified, mention the actual TDS deducted.
* You can **claim credit for TDS in your ITR**, and the Assessing Officer (AO) may ask for proof during assessment.
* If TDS credit is not reflected in Form 26AS, the refund may be delayed or disputed until rectification.
---
### Summary
| Issue | Action |
| ---------------------------------- | ----------------------------------------------------------------------------------------- |
| Bank refuses to rectify TDS return | Send formal request citing Section 200(3) and escalate to Income Tax Department if needed |
| Refund due to excess TDS deduction | File ITR claiming refund and attach proof |
| TDS credit missing in Form 26AS | Get bank to rectify or raise grievance with IT Dept |
---
If you want, I can help draft the letter to the bank citing the legal section. Would you like that?
---
### 1. **Legal Obligation on Bank**
* Under **Section 200(3)** of the Income Tax Act, every deductor (bank in this case) is required to file the TDS return correctly.
* If PAN is provided after TDS deduction, the bank is **legally bound to rectify the TDS return** (file a correction statement) for the relevant quarter.
---
### 2. **Steps to Take**
* **Write a formal letter** to the bank requesting rectification of TDS return with PAN details and cite **Section 200(3)**.
* If the bank still refuses, you may escalate the matter to the **Income Tax Department**.
---
### 3. **Filing Complaint with Income Tax Department**
* You can file a complaint on the Income Tax Department’s official portal:
* Visit: [https://www.incometaxindiaefiling.gov.in](https://www.incometaxindiaefiling.gov.in)
* Use the “Grievance” or “Taxpayer Complaints” section to report the bank’s refusal.
* Attach copies of PAN, TDS certificates, and correspondence with the bank.
---
### 4. **Filing Your ITR**
* File your Income Tax Return with details of TDS deducted (as per Form 16A or TDS certificate).
* Even if TDS return is not rectified, mention the actual TDS deducted.
* You can **claim credit for TDS in your ITR**, and the Assessing Officer (AO) may ask for proof during assessment.
* If TDS credit is not reflected in Form 26AS, the refund may be delayed or disputed until rectification.
---
### Summary
| Issue | Action |
| ---------------------------------- | ----------------------------------------------------------------------------------------- |
| Bank refuses to rectify TDS return | Send formal request citing Section 200(3) and escalate to Income Tax Department if needed |
| Refund due to excess TDS deduction | File ITR claiming refund and attach proof |
| TDS credit missing in Form 26AS | Get bank to rectify or raise grievance with IT Dept |
---
If you want, I can help draft the letter to the bank citing the legal section. Would you like that?
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