Tds related query

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rajesh baghmar (Querist)
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18 September 2014 please suggest me on one case where bank has deducted an amount as tds on fd and did not credit to cbdt. As result assesse could not file return for refund as form 26as shows no tds detail. What remedy is available to assesse???? and is there any legal way to claim for the same???

Nikhil Kaushik

Nikhil Kaushik (Expert)
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18 September 2014 1. first of all you should have claimed the TDS anyways. One the basis of bank statements, AO would have given you credit and took action against the Bank

2. even now, if you have filed the return before 139(1) due date, revise the return and claim the credit. Write a letter to AO stating the facts and send a copy of the same to Bank too.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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18 September 2014 1st of all check with Bank the reason for Non credit of TDS. Bank must have given you form 16A? Did you furnished the PAN to Bank? You have stated assessee could not file return for refund. So whether the return has not been filed or just TDS has not been claimed?

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