Refun of tds

TDS 519 views 1 replies
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU

TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University. This TDS was remitted to ITO after a week. University had not submitted any tax exemption letter / 15 H form. This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed. To favor the depositor, Bank has refunded the TDS of Rs.528120 and renewed the deposit. Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch. He instructed the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding. When this matter was referred to a Chartered Accountant, he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors as on 31.03.2006 and date of remittance of TDS must be mentioned in the TDS certificate and bank cannot mention the date of remittance if bank resorts to such adjustments. So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly. Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indefinite period and claimed the amount from ITO by obtaining a letter from the University that Bank can claim this amount from ITO.This TDS refund is not yet settled by ITO. In this connection, kindly guide me on following

 

Whether Regional Head of a bank has any discretionary powers to refund the TDS amount to the depositor to the debit of SUSPENSE account when this TDS was already remitted to ITO  one year back without any  proposal / planning as to how to get back the amount

TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU
TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University.This TDS was remitted to ITO aftwer a week.University had not submitted any tax exemption letter / 15 H form This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed.To favor the depositor,Bank has refunded the TDS of Rs.528120 and renewed the deposit.Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch.He instruts the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding.When this matter was referred to a Chartered Accountant,he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors and date of remittance of TDS must be mentioned in the TDS certificate.So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly.Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indifinite period and claimed the amount from ITO by obtaining a letter from the University.This TDS refund is not yet settled by ITO till date In this connection,kindly guide me on following Whether Regional Head has any discretionery powers to refund the TDS amount to the depositor to the debit of SUSPENSE account without any planning as to how to get back the amount Whethr Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right Is this a procedural mistake or a FRAUD Please offer your comments

Read more at: /forum/tds-refund-220870.asp#.UF7sSa59dVU

TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University. This TDS was remitted to ITO after a week. University had not submitted any tax exemption letter / 15 H form. This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed. To favor the depositor, Bank has refunded the TDS of Rs.528120 and renewed the deposit. Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch. He instructed the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding. When this matter was referred to a Chartered Accountant, he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors as on 31.03.2006 and date of remittance of TDS must be mentioned in the TDS certificate and bank cannot mention the date of remittance if bank resorts to such adjustments. So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly. Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indefinite period and claimed the amount from ITO by obtaining a letter from the University that Bank can claim this amount from ITO.This TDS refund is not yet settled by ITO. In this connection, kindly guide me on following

 

Whether Regional Head of a bank has any discretionary powers to refund the TDS amount to the depositor to the debit of SUSPENSE account when this TDS was already remitted to ITO  one year back without any  proposal / planning as to how to get back the amount

TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University. This TDS was remitted to ITO after a week. University had not submitted any tax exemption letter / 15 H form. This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed. To favor the depositor, Bank has refunded the TDS of Rs.528120 and renewed the deposit. Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch. He instructed the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding. When this matter was referred to a Chartered Accountant, he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors as on 31.03.2006 and date of remittance of TDS must be mentioned in the TDS certificate and bank cannot mention the date of remittance if bank resorts to such adjustments. So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly. Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indefinite period and claimed the amount from ITO by obtaining a letter from the University that Bank can claim this amount from ITO.This TDS refund is not yet settled by ITO. In this connection, kindly guide me on following

 

Whether Regional Head of a bank has any discretionary powers to refund the TDS amount to the depositor to the debit of SUSPENSE account when this TDS was already remitted to ITO  one year back without any  proposal / planning as to how to get back the amount

TDS of Rs.528120 was deducted by the system on a term deposit of Rs.2.50 crore on 31.03.2005 pertaining to a University. This TDS was remitted to ITO after a week. University had not submitted any tax exemption letter / 15 H form. This deposit was matured for payment on 10.04.2006 and University wanted to renew this deposit together with interest when TDS deduction of Rs.528120 was noticed. To favor the depositor, Bank has refunded the TDS of Rs.528120 and renewed the deposit. Refund was done to the debit of SUSPENSE account as per the ORAL instructions of Regional Head of the Bank At this point of time TDS of Rs.3.50 lakhs deducted by the system on all the deposits on 31.03.2006 was not remitted to ITO till 30.06.2006.The Branch manager was transferred to another branch. He instructed the Accountant of the branch to credit Rs3.50 lakhs to SUSPENSE account where Rs.528120 refund of TDS was outstanding. When this matter was referred to a Chartered Accountant, he opined that bank cannot do such adjustments as Bank has to issue TDS certificates to investors as on 31.03.2006 and date of remittance of TDS must be mentioned in the TDS certificate and bank cannot mention the date of remittance if bank resorts to such adjustments. So amount of Rs.3.50 TDS as on 31.03.2006 was remitted to ITO belatedly. Bank has absorbed Rs.528120 in its revenue account as it cannot hold the amount in suspense account for indefinite period and claimed the amount from ITO by obtaining a letter from the University that Bank can claim this amount from ITO.This TDS refund is not yet settled by ITO. In this connection, kindly guide me on following

 

Whether Regional Head of a bank has any discretionary powers to refund the TDS amount to the depositor to the debit of SUSPENSE account when this TDS was already remitted to ITO  one year back without any  proposal / planning as to how to get back the amount

 

Whether Bank's decision to adjust the TDS of 31.03.2006 to SUSPENSE account was right

 

Is this a procedural mistake or a FRAUD?

 

Please offer your comments and suggestions

 

 


 

Replies (1)

Dear Aasha,

 

Once the TDS is remitted, TDS certificate must be given to the deductee. The fund has left the bank and I dont know how on the earth could the bank refund. The TDS so deducted is still safe custody of the IT dept. he bank must have filed returns to IT department mentioning the TDS made. 
 
The facts reveal more than one offence. 
 
Regards,
RAJESH CHOUDHARY


CCI Pro

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