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tds

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(Querist)
19 March 2010 Assessee deducted Tax on professional charges paid at a lower rate. But it as per the request from the deductee. The deductee is paying advance tax regularly. Deductee filed his income tax return with refund clain as the TDS AND ADVANCE TAX paid by him was in excess of the tax due.

Now there is a demand on the assessee for the short deducted tax. Whether an appeal is preferred
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Vishnu Saboo

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Vishnu Saboo (Expert)
19 March 2010 he should avail the certificate form party for such lower deduction.
if assessee did so, than he can submit the reply of demand along with certificate against which tax dedcuted @ lower rate.
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
19 March 2010 if the assessee deducted TDS at lower rate on request from the deductee, then assessee is at default. He can not deduct TDS unless deductee submits to him a certifcate of lower deduction obtained u/s197
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CA Ashok Kumar Sahu

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CA Ashok Kumar Sahu (Expert)
19 March 2010 agree
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