Please refer to circular 2 and 3 of 2009 issued by the Income tax department. The tax credit will be given by the income tax department only on matching the details of deductions uploaded by the deductor. If the deductor makes istakes and the deductee has a TDS certificate issued to him by the deductor, the credit has to be given by the income tax department. The tax payee can not be penalised for the failure of some one else to feed correct data on the NSDL. The matter needs to be taken up with the finance ministry.
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Tax payer penalised for the mistake of TDS deductor
Replies (6)
Mr. Hanamshet you are absolutely right. Why tax payer be penalised. TDS deductor should be penalised for non filing of correct TDS returns
Dear Hanamshet,
Whatever u have quoted is true. This is what our finance ministry have developed mechanisum for keeping track of TDS deduction and TDS deposit in Bank. For this purpose only Form 26 AAS is came into picture. Form 26AAS shows the tax credit available for the assessee which is directly mailed by income tax department / NSDL to assessee. Here, also not each and every assessee is aware of Internet. Instead department should create other mechanisum for providing tax credit information to assessee ( like coureier service ) or personally collection of data from department.
Whatever mechanisum is being developed, it will still cumbersum for the assessee.
I am agree with u all,
but dear friends how should this little thread brings attention of finance department / ministry.
no body watching it..
i think CA's should protest for the sake of Tax Payer to draw attention of this humilation of Tax payer... Jaago CAs Jaago. lets work for tax payers benefit, afterall they are your client. who has a lot of faith in u people.
as i told you, no body is intrested to raise voice against this.
harrassment
Dear
I got a special case of the deduction of TDS. The employer has deducted TDS but he (the employer) has uploaded the data belately, which has resulted in 234B interest.
Whether it is possible to compel the assesee to pay the interest, which is not at all fault of him.
It is the really fault of the employer who has failed to upload the data in time.
Please advise
Yours
Dr L Kailasam
Dr.Kailasam
Please refer
COMMISSIONER OF INCOME TAX vs. ELI LILLY & COMPANY (INDIA) (P) LTD.& ORS. (SC) 312 ITR 225.
Best Wishes
Sathikonda
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