Another company filed tds using my pan number?

This query is : Resolved

CA CS CIMA Prakash Somani (Querist)
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24 December 2012 Hello,
Pls asnwer to this query.....

I am a salaried employee of Company A and it had filed TDS for me in FY 2010-11 (AY 2011-12) correctly. I had filed returns (ITR-1) accordingly. A couple of weeks back the local income tax office contacted my permanent residence phone number and told that there was TDS filed by another company (Company B) for FY 2010-11 and I had not mentioned it in the ITR form, hence they are going to levy a hug fine on me.

I was surprised and puzzled and went to the TRACE system and found that the IT officer was correct. Company B had filed taxes for me in FY 2010-11. For the record, I have never ever worked for Company B in my life. I had not even heard of the company until now. The IT office is not willing to listen to me and adamant of levying the fine.

I am really confused on what I can do to correct this. I have the TAN of Company B (which they used to file taxes) and the company name. Not sure, if this was a genuine mistake on part of B (they mistyped the PAN and it matched with mine) or if some kind of fraud is going on.

Any suggestions on what my next steps should be?

CA. Subhash Dangi

CA. Subhash Dangi (Expert)
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24 December 2012 Make an written application to jurisdictional IT dept briefing the facts about wrong TDS credit to your PAN and request him postpone the action and not to levy penalty because of wrong TDS credit till clarity of TDS credit.

Further you request the Assessing officer to cross verify the TDS returns of Company B and confirm the correctness before initiating any action as the reasonable opportunity should be given to assessee.

Mean time, submit a written request by contacting 'Company B' for wrong TDS credit to your PAN and ask them for genuineness of transaction, nature of TDS etc and request to rectify the same immediately stating action of AO.