Not getting TDS certificate from the deductor

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 September 2010 Please note that a company deducted TDS on rent paid for the assessment year 20010-2011 but not providing the TDS Certificate. From Form no.26AS we came to know that the company had deposited TDS only for the five months instead of twelve months. what action we should take to get the same from the company and how many months TDS amount we can claim from income tax at the time of filing IT Return for the same year. Please advice.

Thanking you,
regards
Ajay Lodha

CA Prashant Gupta

CA Prashant Gupta (Expert)
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24 September 2010 if you have not got TDS certificate from party and in 26AS only five months TDS is shown then it is difficult to claim TDS as you have not proof.
Do one thing get Account statment from party. if they shows TDS in that statement. then ask for TDS Certificate, if they deny for that you can complaint in income tax on basis of that account statement. you can also claim TDS in return on basis of that statement.
you will get notice from deptt because in 26AS only 5 month TDS is shown. But a notice will be served to party also then they have to provide certificate or revise their return. for your case you can shown account statement.