incorrect pan number in tds certificate

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 June 2010 hello,
Please guide me on this.

I filed return for assessment year 2008-2009 u/s 139(1).My income was well within the exemption limit and tds was deducted from my income of Rs 12360/-. so I filed the return claming refund of the tds.
Recently i got an intimation u/s 143(1) from the department on 17/06/2010 regarding the assessment year 2008-2009 stating that total tds amount to be nil and total amount refundable as nil.I checked the original tds certificate with me and found that the pan no mentioned in it is not correct.
I am ready to give letter for correction of intimation u/s 154, but when i got in touch with the company who deducted the tds, they are saying that my PAN was mentioned wrong in the tds return that they have filed, and if they file new return that would tantamount to penalty of Rs 100/day of delay on their part. So what they are saying that they can give me the acknowledgement of the tds return filed by them and a letter to the effect that my Pan was mentioned wrong in the return and request to give me credit of tds. they are saying that i should attach that letter, tds return and old(wrong pan) tds certificate with the letter and give it to the AO. Would this serve the purpose. Please guide me on this.......

Thanking you..

Shyam Lal Naik

Shyam Lal Naik (Expert)
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23 June 2010 Filing a correction statement does not attract penalty of Rs. 100/-. The view of the company is incorrect, in this respect.

You can apply to the assessing offficer with the copy of the certificate and the letter from the company. The AO can can grant you the refund in terms of instruction n0 1./2010 DATED, 25.02.2010.

In my view, with permission from the company, you may mark a copy to the AO(TDS) of the company.