Tds Certificate

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Rohit (Querist)
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03 September 2009 I got a payment for Commission/Brokerage on 27 May, 2009, of Rs.45,000/- and TDS of Rs. 5,000/- was deducted on that date.

1. When should I get my TDS Certificate?
2. What if the deductor is not giving TDS Certificate?

Nischint Kumar Somani

Nischint Kumar Somani (Expert)
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03 September 2009 Issue of TDS Certificates
After deduction TDS of some one. we have a duty to issue TDS certificate to that person so that he will get refund of that TDS. So Income Tax Act provide some rules for the issuance of TDS Certificate that are as follows.
AS per Rule 31(3) , Tds certificate should, generally be issued within one month from the end of the month in which the sum is credited or paid.

Where TDS on interest other than interest on securities is required to be deposited quarterly, Tds cerficates may be issued within 14 days from the date of deposit of tax ( Rule 31(3) Third Proviso)

However, TDS certificate for salary i.e. form 16 may be issued within 1 month from the end of financial year in which the tax is deducted or paid by the employer on behalf of the employee .( Rule 31(3) Second Proviso)

Where Tax has been deducted on the last date of the accounting year i.e. 31st March, of the person making the payment u/s 194 C/ 194 J/ 194 A/ 194 I / etc then TDS certificate may be issued within a period of 2 months and one week from the month in which the tax is so deducted. ( Rule 31(3) First Proviso)

Consolidate TDS Certificates

Where more than one TDS certificate is required to be issued to a payee during the financial year , the person deducting the Tax, may on request from the such payee, issue within 1 month from the close of the year, a consolidated Tds certificate in Form no 16 A for that year .( Rule 31(3) Fourth Provisio)

Note : Where a consolidated Tds certificate is to be issued for the year, then the tax shall have to be deposited before issued of such certificate.