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Tds wrongly deposited in pan of employee instead of tan of d

CA Neeraj Bansal (Profession) (191 Points)

14 January 2014

Dear All,

one of our client has wrongly deposited the tds in the pan of the deductee instead of tan of his-self for the ay 2012-13 (Q4) . And the same amount is also shown in TDS return without depositing TDS since it already deposited in PAN.

Now the Notice is received from TDS department for deposting the same. What are the remeady available and we could not get the detail of such amount as mention in the notice, how can we get that ?? ?

Thanks

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2 Replies

Sheshadri Nimmala (Company Secretary in Practice) (25 Points)
Replied 14 January 2014

Dear Friend, The following procedure can help you. 1. Take declaration from the employee to deduct the amount from salary account. 2. In the same declation let the employee to declare the advance tax planned by the employee. 3. Since the tax has been deposited as self assessment tax the TDS not applicable again. 4. Revise the TDS return as required.

CA Neeraj Bansal (Profession) (191 Points)
Replied 15 January 2014

Nimmala Ji, Thanks for your valuable feedback. i want add that, the same case is pertaining to a.y. 2011-12 and can it is legally valid to take and submit the declartion from the employee not to deduct the tds as the same would be deposited by the employee as advance tax ?? If yes, if possibile, please let me know any provision/judgement .