TDS in Case of Merged Company

Aryan Bhola Krishnoo (Chartered Accountant) (33 Points)

15 March 2011  

Dear Fraternity:

 

There were two companies :

1. ABC

2. XYZ

with their separate PAN Number and Locations.

 

Both Got merged and Formed New Company LOV with New Location and New PAN Number.

 

One of the Business partner of ABC has deducted TDS not in the name of New Company but in the name of OLD Company, This business partner issued Form-16 in the name of OLD ABC and PAN number of OLD ABC was also given on the Form-16.

This business partner is not willing to amend its Form 16, as the TDS return has already been done and assessment proceedings have also be completed.

Now LOV ( the new avtar of the merged ABC + XYZ) wants to take credit of this TDS.

 

Please let us know what are the option available.

 

Thanking you very much and best regards

Aryan Bhola Krishnoo

AryanKB.CA @ gmail.com