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Disconnect between form 16 & Form 26as

Praveen CP (--) (274 Points)

13 August 2013

Hi,

One of my client works for a PSU in Bangalore. He has received an intimation u/s 143(1) as per which , the department has raised a demand of Rs.55000/- for FY 2011-12. TDS as per Form 16 is 1.28 Lacs (also the same is shown in ITR) whereas From 26AS shows a credit of 73000.

I tried to talk to his employer who directed me to the consultant who has filed eTDS returns. The consultant is refusing to confirm whether correct PAN has been used to file eTDS returns. Also There is a dispute between the consultant and the PSU because of which the consultant has decided not to help us.

I have another 9 days to go to apply for rectification and i suppose there would be no assistance from the PSU and Consultant.

What remidies do I have to tackle this issue ? Please suggest.

Regards

CA Praveen

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Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
Replied 13 August 2013

In this case and similar such cases, the only remedy is to file a revised return. The deductor has to do it. Outsourcing to the consultant cannot be a ground not to file a correction statement. Nowadays filing a revised TDS return is not too difficult if the consolidated TDS file is downloaded from TRACES.

As a matter of caution the tax payer is advised to write a letter to his AO, TDS cell and employer's assessment officer with a copy of F16 and 26AS and request them to intervene.

Thanks,