No tax deduction

This query is : Resolved 

29 April 2013 Good evening everybody,

my friend is in railway ticket booking agent. he earns the commission from ticket sales. which is below the taxable limits past three years. which is deducted tds form the railway dept. he need to no deduction certificate from ITO. what is the procedure.

29 April 2013 VADIVEL,

1) FIRST YOU CHECK 26AS ( ANNUAL TAX CREDIT STATEMENT ) OF THE PREVIOUS 2 YEARS FOR THAT PARTICULAR PAN .

2) NOW, AT PRESENT, YOU CAN FILE YOUR IT RETURN FOR A.Y 2012-2013 & 2013-2014 THROUGH E-FILING .

3) FOR A.Y 2011-2012, TIME ALREADY EXPIRED , BECAUSE FOR A.Y 2011-2012, DEADLINE WAS 31/03/2013.

4) FIRST , WITHOUT WASTING ANY TIME , IMMEDIATE FILE YOUR RETURN FOR A.Y 2012-2013.
5) ONE THING YOU MUST REMEMBER, THAT, PUT EXACT AMOUNT OF TDS AS SHOWS IN 26AS INTO TDS COLUMN OF THE ITR-FORM ( ITR-4 IN YOUR CASE )& PUT EXACT AMOUNT OF GROSS INCOME FROM AGENCY , AS SHOWS IN 26AS , OTHERWISE, IF,THERE IS ANY MISMATCH OF TDS AMOUNT BETWEEN 26AS & RETURN FILE BY YOU, THEN IN THAT CASE, YOU MAY BE IN A BIG TROUBLE.

6) 26AS IS SUFFICIENT FOR YOUR IT RETURN FOR A.Y 2012-2013, NO NEED OF FORM 16A TDS CERTIFICATE.

Thanking You,
PALASH RAKSHIT.

03 May 2013 good evening sir,

as per your valuable advise, i am view the 26as. but there is no tds deducted entries in 26as. because my friend have a pan presently. therefore railway dept not mentioned his pan. and then he earned below the taxable limits. he do not like to tds deduct for his commission.


03 August 2024 If your friend, a railway ticket booking agent, is earning below the taxable limit but has had TDS deducted from his commission by the railway department, he can take the following steps to address the issue:

### **Procedure to Obtain a No Deduction Certificate**

1. **Verify TDS Entries:**
- **Check Form 26AS**: Ensure that the TDS entries are correctly reflected in Form 26AS. If there are no TDS entries in Form 26AS, it could mean that the TDS was not properly reported by the railway department, possibly due to a missing PAN.

2. **Apply for a No Deduction Certificate:**
- **Apply to the Income Tax Officer (ITO)**: If you want to ensure that no TDS is deducted in the future, you can apply for a **No Deduction Certificate** or a **Lower Deduction Certificate**. Here’s how:
- **Form 13**: Use Form 13 to apply for a certificate for lower deduction or no deduction of tax at source.
- **Submission**: Submit Form 13 to the Assessing Officer (Income Tax Officer) having jurisdiction over your friend's PAN. This form can be submitted online via the e-filing portal or offline at the local Income Tax office.
- **Documents Required**: Include proof of income details, past income returns, and a statement explaining that his income is below the taxable limit.

3. **PAN and TDS Issues:**
- **Ensure PAN is Correctly Filed**: Ensure that your friend’s PAN is correctly linked with his account. Incorrect PAN details might result in incorrect TDS deductions or reporting.
- **Update PAN Information**: If the PAN was missing or incorrect in past transactions, your friend should update it with the railway department to avoid future issues.

4. **Rectify Past TDS Deductions:**
- **File a Tax Return**: If TDS has been deducted and not reflected correctly in Form 26AS, file a tax return for the relevant financial years. Claim a refund of the TDS deducted if it exceeds the actual tax liability.

5. **Communicate with Railway Department:**
- **Request Rectification**: Contact the railway department to correct the PAN details and ensure proper reporting of TDS. Provide them with the correct PAN to ensure future transactions are reported accurately.

### **Additional Steps**

- **Maintain Records**: Keep detailed records of all communications, forms submitted, and responses received.
- **Consult a Tax Professional**: Consider consulting a tax advisor to assist with the application process and ensure compliance with all tax laws and procedures.

### **Summary**

To summarize:
1. Apply for a No Deduction or Lower Deduction Certificate using Form 13.
2. Ensure PAN details are correctly linked and updated.
3. File a tax return to claim any refunds due from past TDS deductions.
4. Communicate with the railway department to rectify any reporting issues.

By following these steps, your friend should be able to resolve the TDS issues and ensure that future deductions are correctly handled.



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