Tds on salary @ 20%

This query is : Resolved

Prashant R. Karia (Querist)
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29 April 2012 What should do if employee forgot to give his PAN no to his employer and employer deducted TDS @ 20%. While he is in only 10% slab rate. How can he claim refund?

THANKS REGARDS
CA PRASHANT KARIA

CA Dileep Surya Kumar

CA Dileep Surya Kumar (Expert)
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30 April 2012 Rate should be higher of

-Average rate of tax
-20%

Refer Circular 8/2010 dated 13.12.2010.

For refund employer shall revise returns(earlier returns) on the request of the employee ,mentioning his PAN then he can get the credit for TDS thereby refund.

Without which, he can not claim credit for the TDS.

CA Rakesh Goenka

CA Rakesh Goenka (Expert)
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30 April 2012 agree with above expert he has given u right answer

Prashant R. Karia

Prashant R. Karia (Querist)
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30 April 2012 That means if employer refuse to revised return, so he can not claim his refund?

CA Dileep Surya Kumar

CA Dileep Surya Kumar (Expert)
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30 April 2012 Yes, without PAN for TDS, revenue may not give credit for TDS.

Prashant R. Karia

Prashant R. Karia (Querist)
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30 April 2012 ohkk sir. Thanks a lot sir.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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08 May 2012 First provide the PAN number to your employer and then request him to correct and reload the TDS return this will reflect credit in your account. Since you have not given your PAN the credit will not be reflected in your account and even if you file your return no credit will be allowed to you and hence the question of getting refund is Zero. After the TDS details are corrected and updated by your employer then you file the return and get the refund if available to you.

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