Tds paid for zomato to be refunded

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Ebrahim Bookwala (Querist)
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02 June 2019 Hi experts,

I am a restaurant owner. We work with zomato and swiggy.

As per the income tax rules, we pay tds for these companies for the commission that they charge at 5 percent.

This tds has to be claimed by us and they are supposed to pay us. Problem is I kept paying tds for zomato and swiggy and I forgot to get the reimbursement from them.

A week back, I sent them all the tds certificates for the year 2017-2018. However I got a mail from them saying that they can’t refund the amount since it is post the due date of oct 2018. They are telling me that the last day to claim my tds reimbursement was oct 2018.

My question is when they have already paid less income tax since I paid tds for them, and they can see my tds payments on their account, does such a deadline exist from the side of the govt. What is the legal opinion on this.

Pls help and let me know if such a rule exists from the govt or are these big companies just trying to fleece my money.

I have paid tds for them which has been used by them, I don’t understand why are they refusing to pay me my due credit.

Any help would be much appreciated.

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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02 June 2019 Such companies might have seen their 26AS before filing the return.
They might have already paid less income tax since you paid tds for them, such a deadline exist for filing ITR.
In case of omission to claim TDS they can file rectification under section 154 now