Claiming of TDS refund

This query is : Resolved

rajkumar (Querist)
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07 July 2016 Hi, every one I paid an amount of rupees 7,00,000 to a contractor for a building, without any deduction of TDS? I don't know whether he gonna file a return or not How can I go ahead in this issue? Hope I get valuable information

Prashanth

Prashanth (Expert)
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07 July 2016 Hi, may I know under which capacity you paid the amount i.e.Individual or Partnership etc?

rajkumar

rajkumar (Querist)
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09 July 2016 Hi Prashant ji, I paid to a sole trader

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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19 July 2024 If you have paid an amount of Rs. 7,00,000 to a contractor without deducting TDS (Tax Deducted at Source), here’s what you should consider and how you can proceed:

### 1. **Understanding TDS Requirements:**

- **TDS Obligation:** As per the Income Tax Act, if the payment made to a contractor exceeds specified limits (currently Rs. 50,000 for single transaction or Rs. 1,00,000 aggregate in a financial year for individuals and HUFs), TDS should be deducted at applicable rates (usually 1% for payment to an individual or HUF for contracts and 2% for payment to other contractors).

### 2. **Consequences of Non-Deduction:**

- **Penalty and Interest:** Since TDS was not deducted, you may be liable to pay interest and penalty under Section 201 of the Income Tax Act for non-compliance.

### 3. **Options to Rectify:**

- **Voluntary Compliance:** Contact the contractor and request them to file their income tax return (ITR). If they file the return and pay taxes, you can claim a TDS credit in your own tax return.

- **Obtain PAN:** Ensure you have obtained the PAN (Permanent Account Number) of the contractor. This is essential for any TDS-related transactions.

### 4. **Claiming TDS Refund:**

- **Procedure:** If the contractor files their ITR and pays taxes, they can claim credit for the TDS. Once verified by the Income Tax Department, any excess TDS deposited will be refunded to you.

- **Documentation:** Keep all documentation related to the payment made, communications with the contractor, and any evidence of attempts to recover TDS.

### 5. **Consult with a Tax Professional:**

- **Expert Advice:** It’s advisable to consult with a tax consultant or chartered accountant who can guide you through the process of claiming TDS refund and ensuring compliance with tax laws.

### 6. **Future Compliance:**

- **Learn from the Experience:** Going forward, ensure compliance with TDS provisions for payments made to contractors. This helps avoid penalties and simplifies tax compliance.

In summary, your first step should be to communicate with the contractor, obtain necessary details (like PAN), and encourage them to file their income tax return. If they do so and pay taxes, you can claim TDS credit and seek a refund of any excess TDS deposited. Professional advice will ensure that you navigate this process effectively and minimize any potential penalties or interest.