TDS made from client on payment of commission and mentioned in the account statement while issuing cheque. But the tax is not deposited by the deductor. So the deductee has to pay the tax due on his income. What action the deductee can take to the deductor for non payment of TDS & not issuing TDS certificate? Can he intimate the matter to the ITO of his jurisdiction? Will the ITO take any action to defaulter?
the deductee has to ask for TDS certificate, and if not provided then make it into notice of ITO of the concerned party.
Once the TDS is deducted, the deductor has to remit the amount and has to file e-TDS return within due date. Then only the deductee will get the credit. Even when the deducted amount is remitted by the Deductor, the deductee will not get the credit unless the Deductor files e-TDS return. So it is the right of the deductee to ask for TDS certificate and status of e-TDS filed. Neither tds remitted nor etds filed, then the deductee can report the same to the PRO of Income tax department.
As per the provisions of Income Tax, the Deductor will have the responsobility of Tax Deduction, Remittance of Tax and Issue of relevant Cerficate.
If there is any late in depositing of Tax, He can deposit the same with interest @ 1.5% per month.
Naveen Fintech Pvt Ltd
Kolkata
CA Inter
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Gupta Sachdeva & Co. Chartered Accountants
New Delhi
CA Final
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