Dear Friend,

Shouvik is absolutaly correct in his opinion as Form 16A is not a document today which deptt. considers while granting credit of TDS deducted, it is only Form 26AS which shall be taken into consideration by the system while giving credit to the deductee.

Solution for you now: -

         - Approach your deducter to revise the TDS statment to enable you to see your deducted TDS on Form 26AS.

Pls note that THERE IS NO OTHER REMEDY to your problem.

Dear all,

Form 26AS is only a mater of administrative convenience by the DePartmentn to verify the authenticity of the Form 16A. BUT every body i made to believe that it is like a Bank Statement.  In 1 case the Deductor has issued Form 16A but did not file 26Q but he has deposited the amiount in the bank within due date.

now the ? is the deductor could no file correction return for more than 6 months as he could not trace the origiinal acknowledgement no.

whategver may be the problem of the Deductor the Point is the validity of Form 16A.

 In one case I wrote a Letter to the Commisioner of Income Tax (of the Deductee) with a copy to the commissioner of the Deductor saying that either he should allow credit on the basis of the Form 16A issued by the deductor(of course after due verification of his depositing the amouont in the bank) . 

? the reason is the deducteee cannot force or enforce  the deductor to file  form 26Q.  It is only the DePartment that can ensure.  When the Deuctee is Proving that the amount is deducted and Paid by the deductor to the dePartment i.e. the dePt. which should verify the aunthenticity of it and/ or force or enforce that the deductor files form 26Q.

Hence, the dept is requested to take into account the form 16A Provided or see that the 26Q is filed.

Ultimately he Deductor filed the 26Q and got credit . the case ended peacefully.

I request the professionals to comment on this approach.  (as the deductee does not have powers / authority to force the deductor file form 26Q)  

Dear Ram Babu. 

With high regard to your approach (which is practically difficult to follow for each & every case considering the high volume of cases) & to put it very mildly without hurting your sentiments, I would like to put an example before you & would like you to find the solution if your approach is followed by the deptt in granting credit, .

Example: -

ABC Ltd (Deductor) deducted5000 TDs of Mr Ram Babu & deosited the tax into bank duly by the timelines & for this a valid Form 16A is also issued to him.

However, while filing TDS return, the accountant of deductor, either erroneously or conciously in collusion with Mr Hari, wrote the PAN no of Mr Hari instead of Mr Ram babu to provide him undue benefit of TDS which Mr Hari would easily be able to claim in his return even without showing Form 16A.

Also, Mr Ram babu will also get credit against the Form 16Aeven though credit was not appearing in your Form 26AS (if your approach is followed by the deptt). Further, these are common cases of wrong PAN mentioned in the return  & we can not expect from the deptt to cross check these mannually in each & every case.  

Result: - result would be - peaople could easily defraud the deptt & the govt would end up giving credit more than the taxes it collected.

Further, it is well within the legal rights of an Assessee to force the deductor to revise his TDS statement suitably so as to enable him to claim credit for the tax deducted by it based on Form 26As.

Many times  it happens that 26As do not show the actual TDS Deducted from us this is due to that the deductor might have filed the wrong PAN Number in TDS return. But if you have the TDS Certificate and the same amount has been deducted from you then you can claim TDS in your Return.

Jayshree

Pls read the thread from the begining. As Shouvik rightly stated that, although, we can claim the credit in our return , on the basis of Form 16A, but, it would not be easy to get credit from the deptt unless the same amount reflects in Form 26As.