tds

You have to say whether you raised the bill in the name of proprietor concern or company.

Dear Mr. Jacob,
I think many mistakes have been made like:
a) Company's PAN & an Individual's PAN are different,
b) You can recognise the same by finding the 4th character in the PAN of a company by "C" and in case of an individual's as "P",
c) So if the company don't have a PAN in its name yet then you should get one immediately,
Thus I believe that the company can't claim deduction of TDS unless the TDS certificates & the TDS returns (submitted by the deductor of the TDS)
is corrected.

Regards,
Prabeer Sarkar.

see i think u didnot understand the situation

a proprietorship is taken over by the company but the company forgot to intimate the status of the company to their clients

clients creidited the fees receivable to proprietor's bank account and not the company's account. TDS certificate has also been shown in the name of proprietor only

Income and expenses relating to that is booked by the company.

this year return the proprietor has no income only the tds. can he claim that refund without showing the income since the income has been shown in the company

Dear Mr Jocob ,
 

i am compleetely agree with Prabeer , in other hand in your refund case u can not file this type return and u should have to currect back by your clint. Your's clint have to revised his tds return.

Pls take care when your clint will revised his tds return they should have to entered your company PAN No.

good luck

The company is not able to claim that TDS and only the individual will claim TDS by showing his income Zero.

The income has been received in the proprietors bank account, so obviously it will b treated as his personal income from business. wheter it was booked in the books of the company is not to b considered, coz as far as the client is concerned, the payment was made to the person not the company. so the proprietor must show the income and claim tds on the same. He cannot claim refund. in the books of the company it may be treated as loan from the director (if the proprietor is director) or as creditors. U cannot claim income for both the company and the proprietor. either one or other.