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TDS not deposited by employer

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(Querist)
26 April 2010 In case TDS u/s 194J is deducted but not deposited by the deductee and a notice comes from the IT dept regarding non deposit of TDS, what are the remedial measures available with the assesee. please provide the solution.
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Nischint Kumar Somani

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Nischint Kumar Somani (Expert)
26 April 2010 if the TDS is not deducted and deposited, the same can be deposited with interest and penalty if any. further deduction will be allowable in the year in which the same has been deposited.
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
26 April 2010 AGREE WITH EXPERT
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CMA Ramesh Krishnan

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CMA Ramesh Krishnan (Expert)
26 April 2010 If the Deductor issued Form 16A the same is proof and can be sumbitted but without payment of TDS the deductor cannot issue the form 16A. My suggesstion is please make written communiation with the deductor for depositing the same and get acknowldged the same and submit to the A.O
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