Tds not deposited by deductor

This query is : Resolved

prerna (Querist)
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14 February 2016 pls tell me the steps that can be taken by deductor where deductor has deducted bt not deposited the tds??

Ganeshbabu K

Ganeshbabu K (Expert)
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14 February 2016 1)first of all send some request mails to issue TDS certificates if they have not responded positively

2)Ask company to pay the TDS deducted in cash if they cannot give tds credit to you

3)write a letter to Joint Commissioner or Add.CIT of TDS wing in your city who has jurisdiction over your deductor. In the letter, you must give
i. Give facts about payment made to you and deduction of tax thereon.
ii. Enclose copies of letter written to the deductor for issuing TDS certificates Upon receipt of your request penalty will be charged to company and you will get TDS certificates.

Upon receipt of your application Company will be penalised as per Section 272(a)(g) and yoou may be granted credit of tax

Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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14 February 2016 As per Section 203, the Deductor has to deposit the tax within the 7th of the next month. The quqrterly return has to be filed and within 15 days of the filing TDS Certificate has to be issued. That is for TDS deducted in the period October to December 2015, the TDS Certificate in Form 16A has to be issued by 30th January 2016.

Failure to do so attracts penalty. Non deposit of deducted TDS leads to prosecution.

You can approach the Addl. CIT TDS of the deductor and file a petition seeking relief by presenting all the facts.

Give all details of the payments received by you and Tax Deducted At Source.

Copies of correspondence requesting for the issue of TDS Certificate.

Upon receipt of your request penalty will be charged on the company at the rate of Rs.100 for each day of default and you will get your TDS certificate.

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