TDS Certificate

This query is : Resolved

Satya Narain Gupta (Querist)
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26 August 2007 This is case of non providing of TDS certificate by principal for financial year 2005-06. In case any company is not providing TDS certificate where we have to approach and how we may approach. If this is electronically possible please tell me.

CA Prasanna Krishnan V

CA Prasanna Krishnan V (Expert)
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26 August 2007 Dear Sir

For the Fin Year 2006-07 no Company or Partnership Firm requires physical TDS Certificate in respect of its TDS receivables.

In your case if the concerned payee is company or firm you need not worry at all. Please visit www.tin-nsdl.com. Please follow simple formalities given in that in relation to 'know your tax credit' option just by spending Rs 17 and by waiting for 3 working days.

You can easily know the details of tax paid to your credit by the payer, by opening your tax credit portal as mentioned above.

But please specify - whether the deductee is Company/Firm or other/s?

Satya Narain Gupta

Satya Narain Gupta (Querist)
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26 August 2007 I have already made efforts on TIN and got some information which was not supported by athentic documents. My case is related to financial year 2005-06

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SRINATHA

SRINATHA (Expert)
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27 August 2007 Hi,

U need to bring the issue to the notice of the Commissioner.

unfortunately, there is no provision in the IT law to protect the deductee`s point of view.

Satya Narain Gupta

Satya Narain Gupta (Querist)
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27 August 2007 Thanks

miraj d shah

miraj d shah (Expert)
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31 August 2007 Hi. The best option is as suggested by CA Prasanna Krishnan V. Register for From 26AS and check if the tax has been deducted if it is so then you may claim credit.

If it is found that the party has not deducted the tax. Then I suggest the following:

File a complaint to the Commissioner TDS and the ITO TDS of the said party. Ask then to take action on the party for non payment of tax and also launch prosecution on him. Further there is a penalty of Rs.100 per day if the said party delays in issue of certificate. After filing this petition let 30 days pass and then file a Right To Information on the Commissioner and ask what is the status of you application.

As per your self please quote the provisions of Sec 205 which reads as follows:

205.Bar against direct demand on assessee. Where tax is deductible at the source under the foregoing provisions of this chapter, the assessee shall not be called upon to pay the tax himself to the extent to which tax has been deducted from that income.

Thus as per this section your assessing officer is barred from collecting the said tax from you if you prove that the said amount has been deducted. Note you are not to be penalized if that party fails to pay.