Tds credit - how to be sure for ay 2007-2008.

TDS 456 views 10 replies

Dear All,

I have received Form 16A totaling to Rs 2,39,451/- but the ITO has given credit of Rs 1,57,379/- only in his computation and has sent a further demand notice for Tax deposit. The matter is releated to Assesment Year 2007-2008 and there is no online record in Form 26AS available.We have already appealed to the CIT (A) regarding the matter.

Kindly let me know the process of knowing the actual tax credit through TDS. Are there any document by which the tax credit can be confirmed as Form 26AS is not available for the period and Form 16A are all hand written.The parties who have deductd the tax are no more tracable.

Kindly help and guide.

Thanks.

 

 

Replies (10)

It is better to produce form 16A which is issued to  you manually. make the summary and furnish to CIT... Please enclosed the original certificate and along with this if possible the furnish ledger confirmation of that parties.

@ Mehul

Thanks but what do you mean by ledger confirmation.

Ledger confirmation means the party who deduct your TDS for that year just contact them and say to give your ledger account from his books. so u get one additional proof that parties is deducted TDS and you have make the payment to them.

 

@ Mehul - As I have said in my original post that the parties are not tracable.....they were my tenants and they left the premises long time back.......

 

 

ok sir no problem sir just submit original form 16A which was you got from your tenant

just can i know what qurries raised by your ITO in this regarding... whether he accepted this certificate or not?

The TDS certificate details were mentioned  in our efiiling of the IT return but the ITO reopened the case and recomputed the income and there he is showing a TDS figure which is much below the actual TDS received by us. The ITO has remained silent and has not provided any reason for showing less TDS in his computation.

 

 

ok sir just do it as i said.

yes thanks.......

 

D. Mukherjee.

Same happened with one of my client. His case was for AY 2008-09. Since TRACES only provide details from AY 2009-10 hence AO refused to give full credit. Then I wrote an application to AO stating the fact that AO can’t denied the TDS credit just because TDS credit is not reflecting in Income Tax System. I gave him reference of case law in which it is clearly mentioned that AO has to give TDS credit to Assessee if he has proper Form 16A. Even if deductor has not paid tax to the credit of the government then also it is the department duty to collect the reaming tax from deductor with interest but deductee should not be harassed for the default on the part of Deductor. My AO accepted my letter and then he demanded Form 16A and one indemnity Bond. After providing the same my AO allowed the whole tax credit.


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