Tds on salary u/s 206aa

This query is : Resolved

CA LOCHAN AGARWAL (Querist)
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24 February 2013 EMPLOYEE HAS NOT PROVIDED HIS PAN CARD TO THE EMPLOYER AND EMPLOYER DEDUCTED TAX @ 20% ON TAXABLE INCOME. SINCE PAN HAS NOT BEEN PROVIDED THE TAX SO DEDUCTED HAS NOT BEEN SHOWN AS CREDIT OF THE EMPLOYEE IN FORM 26AS. NOW HOW CAN THE EMPLOYEE TAKE THE CREDIT OF TAX SO DEDUCTED WHILE FILLING HIS RETURN OF INCOME? IF PAN IS PROVIDED LATER, CAN THE EMPLOYEE BE ELIGIBLE TO CLAIM REFUND OF EXCESS TAX SO DEDUCTED (ABOVE 10%) ?

CA Mahavir Shah

CA Mahavir Shah (Expert)
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24 February 2013 1. Provide PAN to employer and ask him to file revised TDS Return, there by it will reflect TDS in Form 26AS.

2.If he does not revise it you can claim such TDS and during scrutiny you shall provide Form 16 issued by employer.

I would advise you to go for first as it will avoid chances of scrutiny & all future income tax related litigation matters.

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CA LOCHAN AGARWAL

CA LOCHAN AGARWAL (Querist)
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24 February 2013 If the employer is not ready to revise the return, can any departmental request can be made by the employee ( to I.T Lokayukt,etc.), directing the employer to revise return.

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