Question on TDS / clubbed income

1355 views 10 replies

Hello,

I am facing an issue while calculating the my tax for ITR filing.

Money transferred from me (A) to my spouse (B).

A is salaried.

B invested in FD.

B has no income apart from FD interest in this financial year.

No form 15G/H was submitted.

The bank has deducted TDS and remitted to ITD in the name of B.

Now when calculating the tax for A, the interest earned by B is also to be added to the total income of A.

How should the TDS done be taken care of?

Regards,

Chichya

Replies (10)

Dear Chichya,

   When the income is clubbed, tax deducted on the same must also be considered in A's Income. Hence, A is eligible  to claim the TDS amount

Give Bank Your PAN No. and ask for TDS Certificate in your name.

Dear ashish sir ,

Is it possible to get TDS certificate with your own name while actual TDS is deducted on your spouse interest income ??????//

 

Regards

Madhusudan Kabra

i agreed with  Mr. narayanan  ..............but i suggest you to submit 15 G/H from next year to avoid this type of problems

 

 

Regards

Madhusudan

Hi Madhusudan,

you can request to bank for certificate this time by quoting clubbing provision.

Bank at the time filling TDS return face a big problem of PAN No. this is the problem i faced at time of making their TDS return as there is many case like above. the house wife have no PAN No. then we use their husbands name with their name and PAN No. for making it 95% requirement of PAN for TDS return.

so when we issue TDS certificate it is both in the name of husband and wife and the PAN no. is in name of husband.

THANK YOU MR. Ashish for sharing this diffrent but practical approach of TDS .

 

 

Regards

Madhusudan

 

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

Thanks Juzer,

This seems to be the only good way I have heard so far. I may not possibly try it - not sure how well the bank would help out. And not having time to follow up, I am thinking of paying the amount equivalent to the TDS and continue.

Regards,

Chichya

Dear Mr. Chachia,

 

For your information many banks are sending circulars/notification to their customers who are holding FDs in joint name for the captioned issue..

 

Regards

Juzer

No i dont agree with you at all. First you should check Form 15G/H properly. Let me tell you that you should file Form 15G/H only when you are sure that your Gross Total Income will not exceed Rs. 1,60,000 or 1,90,000 or 2,40,000 as the case may be. If any person file Form 15G/15H and has taxable income then Assessing Officer can levy penalty on you.

 

I know many of you will not agree with me but before commenting on me please do check Form 15G or 15H on which it is clearly mentioned that it is a declaration and its responsibility is with the assessee.

 

Moreover, section 206AA has been inserted with Finance Act 2009. Now you have to disclose your correct PAN no even if you are filing Form 15H or 15G as u/s 197 lower deduction will be allowed only when assessee will furninsh his PAN no to the deductor.

In the above case it is better if Mr. A provides his PAN no to the bank.

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