Tds credited to partner's pan

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

28 December 2011 Sir,

A partnership firm providing construction services on contact basis. total turnover is 1 Crore.

It has given partners PAN no. to contractee at the time of taking contract. so Contractee deducted TDS from firm contract payment and filed TDS return on partner,s PAN card.

Contract income is credited to firm's bank account.

TDS deductor is not ready to file any correction return.

Now what is the solution for it.

How can firm get its refund ?

CA KRISHNA KUMAR DARUKA

CA KRISHNA KUMAR DARUKA (Expert)
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28 December 2011 The firm cannot get refund on TDS not credited to its account. You will have to convince the deductor to file correction return and the fault lies with him. If the amount involved is huge you may threaten to take legal action against the deductor.

Querist : Anonymous

Querist : Anonymous (Querist)

28 December 2011 Thank you sir,

Amount is around Rs. 2 Lkhs and actually firm has given partners PAN card at the time of taking contract. so there is a mistake from our side.
How can we take a legal action against deductor.

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CA KRISHNA KUMAR DARUKA

CA KRISHNA KUMAR DARUKA (Expert)
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29 December 2011 You will have to persuade the deductor to file correction

Querist : Anonymous

Querist : Anonymous (Querist)

03 January 2012 Now Deductor giving the aurgument that PAN already been accepted as a valid PAN in NSDL system in regular return, so the revision can not be done.
Revision is possible only when PAN no is invalid in regular return.

Whether there is any problem in filing correction return by changing PAN no. of one deductee, if wrong PAN has been accepted as a valid PAN by NSDL system in regular return.