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TDS deducted

monika (cleared CA final with AIR 4th) (31 Points)

15 October 2009

If any individual has income from professsional services his TDS has been deducted by the payer but Payer is not ready to give TDS certificate now how can that assessee prove that his TDS has been deducted?

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6 Replies

CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 15 October 2009

You must show AO all the billings done and the payments received in bank account with proper bank statements and copies of cheques recieved from the party. On these onformations AO shall issue notice to the party and their records may be called for verification. It is their liability and they are bound to issue the TDS certificate. Also you can approach to your TDS ward for this purpose.

praveen (Chartered Accountant) (6971 Points)
Replied 15 October 2009

how much time will it take

CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 15 October 2009

File your ITR and claim the TDS. When asked for certificates at the time of assessment, you should take these steps. It may take time until all the enquiries are completed.

Anuraag Sharma (Sr Executive Finance) (845 Points)
Replied 15 October 2009

if the payer has deposited the amount of TDS deducted to the account of Central Government then you can prove it with the help of Form 26AS (TDS Statement) and if it is not credited to CG Account follow steps given by CA Tarun Maheshwari SIr

Sunil Liladhar Kotak (Manager (F & A)) (2025 Points)
Replied 16 October 2009

Originally posted by :CA.Tarun Maheshwari
"	You must show AO all the billings done and the payments received in bank account with proper bank statements and copies of cheques recieved from the party. On these onformations AO shall issue notice to the party and their records may be called for verification. It is their liability and they are bound to issue the TDS certificate. Also you can approach to your TDS ward for this purpose.	"

With due respect to the view of tarun sir i will also request u to make a request for the TDS certificate in writing to the concerned party & get it acknowledged.

Sunil (Trader) (2611 Points)
Replied 16 October 2009

In case your PAN reflects this payment on Form 26AS when you log in to the tin.nsdl.com, you are very safe as the department will acept the credits as recorded by NSDL. However if your deductor, having deducted from you the tax at source, later on goes to NSDL and makes a rectification that the tax deposited is not on account of your PAN, you will find both entries in your form 26AS. First the amount having beeen credited to your PAN and then the amount being debited to your PAN. However, if deductor does this without your written permission, he will be committing a non bailable offense as having deducted the tax he has not paid the same. That is enough grounds for even imprisonment if prosecuted by the department. The writing on the wall is it is a serious offense if after having deducted the tax he has not deposited the same. The offence becomes a little less if he has not deducted and not paid the tax. In these cases generally they get away with monetary penalties. In your case, if deductor has deposited the tax but not issued the certificate or issued it late, there are seperate penalties for this. Read the appropriate section.

For you it is important to first register for Tax Credit View with tin.nsdl.com and see what your form 26AS states. It will give you list of TDS under all sections, list of TCS as well as list of taxes deposited by you to the Bank. Once you have this list then you proceed further as applicable and suggested by others.