TDS deducted of an employee not having PAN No.

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pushpak bakliwal

Student

90 Points Joined January 2009

Hello Everybody...

I need your expert opinions on the following case:

" An assessee employed in forest department was not having income chargeable to tax till last year. For this year (AY 10-11) due to the application of Sixth Pay Commission his income is more than the maximum amount not chargeable to tax. therefore, the forest department deducted Rs.23,000 as his TDS. Now the problem is that the assessee was not having PAN No. at the time of deduction and payment of TDS. Now I want to know that:

1) How department will issue Form No. 16 to the assessee.

2) Can assessee avail Tax Credit of Rs. 23,000 while filing his return of income.

Everyone please reply.

Replies (3)

pushpak bakliwal

Student

90 Points Joined January 2009

is section 206AA of IT Act applicable in this case .i.e. TDS is to be deducted @ 20% where no PAN is furnished by deductee.

Kamal Jain

FCA

200 Points Joined April 2009

1.Form 16 can be issued by the deptt writing PAN not available.

2.Assesse cant file ITR/claim refund in absence of PAN

3.Yes 20% rate is applicable.

Dinesh Kumar Agarwal

Article clerk

117 Points Joined April 2009

Mr. Pushpak is concerned with AY 10-11 and 20% of rate of TDS for non quoting of TDS applicable wef 01/04/2010. thus mr. pushpak for PY 09-10 not come under TDS @ 20% but if in current year FY 2009-10 tax deducted than the applicable rate is 20%.

If he want TDS refund he has to file ITR and for filling ITR PAN is must. and when u r obtain PAn provide same to ur employer and request him to correction etds return submission and issued of Form 16.

However Form 16 may issued without quoting PAN of deductee.