Tds credit not available in form 26as

This query is : Resolved

JAYAKUMAR.M.G

JAYAKUMAR.M.G (Querist)
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19 August 2013 Sir
Inrespect of a Govt Employee whose Tax was deducted and remitted by eployer, but not filed TDS retiurn, the employee e filed his return and now an intimation u/s 143 issued by CPC demading the entire tax payable.In such a case what is the remdy available to the Employee.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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19 August 2013 The first remedy is request your employer to file the TDS return authomatically on filing of the return the TDS will appear in your 26AS and once it appears then you file a rectification it will be adjusted and the balance tax if any payable is to be paid or the refund will be received by you within a short span of time.

The next step is to write a letter to your employer that if you do not file your return within 7 days you will write a letter u/s 276B for prosecution to the ITO TDS who will write to the company and the officer in default will be issued with summons and he will be directed to file the return and the penalty for delay in filing of TDS returns shall be recovered from the concerned officer

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