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Is IT filing/ TDS rules for Gratuity Trust different?

shan (NA) (48 Points)

20 July 2010

Hi , I resigned from Organisation X last year after serving for 2 years.. and got Rs. 36,000 as my Gratuity

of which 30% was deducted as TDS (Income chrg. under Salary).

In the Gratuity withdrawal form i had given a PAN number in which since a '6' may look like '0'

and so.. the TDS was done with another PAN number.

Now when i informed the Gratuity Trust to file correction , they say that the Trust cannot make a change once it is filed.. And they do anything now at all..

Is there a separate IT-filing / correction procedure concerning Gratuity Trusts ?.

Or is the employer himself unaware of the PAN correction procedures ?

Can anyone tell as to what will happen in this case ?..

Thanks,

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8 Replies

Shudhanshu Agrawal (Business) (2570 Points)
Replied 20 July 2010

I think in the query you are talking about TDS credit which was wrongly deposited in another PAN. In this case your employer should revise his TDS return and then you can take the benefit of TDS deducted.

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shan (NA) (48 Points)
Replied 20 July 2010

Actually the Gratuity Trust says it cannot do anything now.. That is the problem..

I have sent about 10+ mails explaining all about this.. But they keep insisting

that nothing can be done once the return is filed ..

That was why i was wondering.. whether Grat Trust come under a different ambit..
Why they say like that is what confuses me..

So what will happen in future.. If IT department finds a mismatch in TDS claim ??. Anything i have to be worried about or anything else i can do in my capacity.?

Thanks ,

Shudhanshu Agrawal (Business) (2570 Points)
Replied 20 July 2010

Ask them under which Act and under which provisions it is written that a TDS return can not be revised. One more thing, by sending mails problem will not get resolved. I think you need to visit the office if possible.

CA. BIJENDER KR. BANSAL (ACA, B.COM) (8148 Points)
Replied 20 July 2010

There is no differenct Rule for E-filing of TDS return category wise.

All concerns whether it is trust, company, firm, or individual has to followed the same procedure and same rule for filing of e-tds return.

As per my knowledge Gratuity trust paid gratuity to employer , then employer has provide gratuity to employee. TDS treatment is done by Employer, how much tds is to be deducted or not.

Please tell whether employer has provided different tds certificate in respect of gratuity or given form 16 only

Then check TAN NO and PAN no of deductee , if it is matched with your employer, then call to employer for revision of e-tds return