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Query in tds... pls suggest!!

CA Yogesh (Sr. Executive (F&A)) (213 Points)

02 March 2012

Hello everynone...

If deductee has given wrong PAN No., and all payments towards him is made by Deductor.... and TDS Return for the said Qtr is filed... Later on, Demand raised by Depatment to deductor to pay TDS @ 20%....

Now what deductor should do if Deductee is not reachable......Deductor tried ways & means to catch him, but in vain,,,,

Is the legal liability on Deductor....??

Can deductee be liable? (He's not traceable)

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6 Replies

SHAIKH M AYAZ (INDUSTRIAL TRAINEE) (22 Points)
Replied 02 March 2012

you can get the PAN if you know the correct Name of the deductee from the Incometaxindia.gov.in website. otherwise it is the deductor responsibility to take the correct PAN. (Deductor is liable to pay the demand) Advise for future Transaction: Better to take photocopy of PAN.

Maruthi (Tds Returns Preparer) (207 Points)
Replied 07 April 2012

Deductor is the responsibility to pay the demand for the wrong mentioning of the PAN of a deductee. But, the Deductor should obtain the Correct Pan of deductee at the time of dedcuting TDS.

And it is hard to find the Pan no of that deductee in Income tax website without knowing of his Date of Birth Exactly, Since it is the mandatory field to find the PAN.

Regards

CA Yogesh (Sr. Executive (F&A)) (213 Points)
Replied 07 April 2012

@ Maruthi & Shaikh.... Thank You Guys..... But I got advise to file Revised Return.... and did the same....

Maruthi (Tds Returns Preparer) (207 Points)
Replied 07 April 2012

But for the revised return also you should mention the CORRECT PAN of that particular deductee, if not again the demand will raise to pay the 20% of tds to that payment.

Regards