Tds mismatch

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 September 2014 respected sir,
what is actual position regarding tds mis-matching ?. incometax officers are not willing to accept original tds certificates ,where there is no matching with form 26as in itd website.and the ITOs are arguing that board orders regarding acceptence of orginal tds certicates is up to elimination of balance taxes only, but not to issue refund cheque.i want to know what actually board said about refunds ,regarding mismatch of refund .please discuss

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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23 September 2014 In a recent development pursuant to the judgement of the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273, the CBDT has issued Instruction No. 5/2013 F.No.275/03/2013-IT(B), dated 8.07.2013 stating that when an assessee approaches the AO with requisite details and particulars in the form of TDS certificate as evidence against any mismatched amount, the AO will grant credit of TDS to the assessee after ascertaining whether the deductor has made payment of the TDS to the Government.

Check out below link for details--

https://www.caclubindia.com/forum/cbdt-directive-on-grant-of-tds-credit-in-mismatched-cases-258273.asp#.VCGLUfmSzUs

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