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please heelp me

sumit (CHARTERED ACCOUNTANT) (479 Points)

22 January 2010

i have filled my father return for a/y2008-09 n refund of Rs.3360 was due since tds was excess deducted but yesterday intimation U/S 143(1) came stating a tax liability around 83000 n interest is also charged there....n prepaid tax is shown nil.my dad is working in a government bank .....tds certificate is being misplaced for a/y2008-09 n my dad is posted to some other city n bank is not ready to give new certificate for a/y 2008-09....i want to move a rectification u/s154..please sugest me what can i do

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15 Replies

CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 22 January 2010

Sumit...

Dont worry...

U hv an option to see the TDS Credit of ur father's a/c...

- Go to this site.. https://www.tin-nsdl.com/panregistration.asp

- follow the steps :-

Steps for viewing Tax Credit

1. Online Registration of PAN by PAN holder

2. Verification of identity and authorisation by TIN-Facilitation Centre

3. Online View Tax Credit

It will take around Rs.17/- to activate a new a/c.. they vll gv u login user & password within 3days..

take the printout of the tds credit statement & make a reply along wid this statement to IT Deptt..

Adarsh

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sumit (CHARTERED ACCOUNTANT) (479 Points)
Replied 22 January 2010

my father was alloted pan in the month of january 08 ...........so can i get the detail for the whole f/y2007-08 as pan was alloted in jaunary 2008

Bimal Thacker (Proprietor) (762 Points)
Replied 22 January 2010

Details in view your Tax credit is prepared on the basis of TDS return file by the deductor, advance and other tax deposited by the assess. in your case if the Bank has while filing the TDS return has mention the PAN no. then only it will reflect in the view your tax credit.

CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 22 January 2010

Sumit,

If PAN was not given at the time of deducton then the same was not credited in ur father's a/c..

but the deductor files ANNUAL RETURN OF TDS... if he has mentioned the PAN in that return then u'll surely get all the details..

Otherwise TDS Certificate is the last option.. try to convince the deductor for duplicate TDS Certificate..

1 Like

CA Pramod Jain (manager finance) (1577 Points)
Replied 22 January 2010

Originally posted by : sumit
	my father was alloted pan in the month of january 08 ...........so can i get the detail for the whole f/y2007-08 as pan was alloted in jaunary 2008

It all depends on the details filled by bank in their tds return, however if u hv xerox copy of the certificate u can move for rectification, or put all your sources in bank to get tds certificate reissued and if above not works then meet with ito and explain ur position if will surely let u know some solution.

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CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 22 January 2010

Originally posted by : Bimal Thacker
	Details in view your Tax credit is prepared on the basis of TDS return file by the deductor, advance and other tax deposited by the assess. in your case if the Bank has while filing the TDS return has mention the PAN no. then only it will reflect in the view your tax credit.

agreed wid Bimal..

Bimal Thacker (Proprietor) (762 Points)
Replied 22 January 2010

Dear Sumit

Also refer the Yashpal Sahni V CIT (2007) 165 Taxman 144 (Bom)

Capt. J G Joseph V CIT (2005) 92 ITD 358 (Mum)

above will help you to discuss with ITO

In above cases Tax at source was deducted from the assessee's salary but no TDS certificate was issued to the assessee by the employer despite repeated request by the assessee, in view of section 205, income tax authorities, under no circumstances can make the assessee liable to make payment of any tax to the extent to which such tax had been deducted at source by the person paying salary to assessee.

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CA Bikash Biswal (Chartered Accountant) (85 Points)
Replied 22 January 2010

Dear sumit

call to the given no. for TDS certificate enquiry

Tele:020 2721 8080

RADHIKA JALAN (agarwal) (1521 Points)
Replied 22 January 2010

adarsh & bimal r right...................

1 Like

CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 22 January 2010

Originally posted by : Bimal Thacker
	Dear Sumit Also refer the Yashpal Sahni V CIT (2007) 165 Taxman 144 (Bom) Capt. J G Joseph V CIT (2005) 92 ITD 358 (Mum) above will help you to discuss with ITO In above cases Tax at source was deducted from the assessee's salary but no TDS certificate was issued to the assessee by the employer despite repeated request by the assessee, in view of section 205, income tax authorities, under no circumstances can make the assessee liable to make payment of any tax to the extent to which such tax had been deducted at source by the person paying salary to assessee.

Bimal Ji....

Thanks for Case reference..

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Mukund Patel (Student) (477 Points)
Replied 22 January 2010

Ya Mr. Bimal is Right

Mukund Patel (Student) (477 Points)
Replied 22 January 2010

Ya mr bimal is right

manish (Article Assitant) (358 Points)
Replied 23 January 2010

I agree with CA parmod Jain,

(Guest)

Best option is to give your written problem regarding issuance of duplicate TDS Cert. to Bank official with a cc copy to RBI(may be through a mail also) , I think this can work.