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1309 Points
Posted on 17 July 2010
Dear Chichya,
For TDS remitted and reported in the name of "B" you may ask Bank to file e-TDS correction statement for giving credit of TDS in A'a name and then file Return of Income claiming such TDS in A's name.
In case Bank refuses to do this try to do what Mr. Ashish Sharma has opine.
For future, you may file declaration with Deductor (Bank) as per Provisio to Rule 37BA(2).
FYI
37BA.
(1) Credit for tax deducted at source and paid to the Central Government in accordance with the provisions of Chapter XVII, shall be given to the person to whom payment has been made or credit has been given (hereinafter referred to as deductee) on the basis of information relating to deduction of tax furnished by the deductor to the income-tax authority or the person authorised by such authority.
(2) (i) If the income on which tax has been deducted at source is assessable in the hands of a person other than the deductee, credit for tax deducted at source shall be given to the other person in cases where—
(a) the income of the deductee is included in the total income of another person under the provisions of section 60, section 61, section 64, section 93 or section 94;
(b) ......................
(c) ......................
(d) ......................
Provided that the deductee files a declaration with the deductor and the deductor reports the tax deduction in the name of the other person in the information relating to deduction of tax referred to in sub-rule (1).
(ii) The declaration filed by the deductee under clause (i) shall contain the name, address, permanent account number of the person to whom credit is to be given, payment or credit in relation to which credit is to be given and reasons for giving credit to such person.
(iii) The deductor shall issue the certificate for deduction of tax at source in the name of the person in whose name credit is shown in the information relating to deduction of tax referred to in sub-rule (1) and shall keep the declaration in his safe custody.
Regards
Juzer