tds queries


30 October 2008 Hai friends



I have come across a problem. A sole proprietorship is converted into a company. after that all income and expenses are booked in the name of the company. But the company forgot to intimate it to their clients and they continued making payments in proprietor's name. Actually the income is booked in the name of the company. But the problem came when the client issued TDS certificates in the name of proprietor. They are not willing to change it.

Since the proprietor has no income since all income is booked can he claim refund for the tax deducted in his name.




30 October 2008 The TDS if it is on the bill raised by the proprietor company the certificate will be obviously in that name only?

30 October 2008 My question is that can I claim refund for that amount with out showing the income in Proprietor's account since the income has been already booked by the company.

can he claim refund for the tax deducted since certificate is issued in the name of proprietor and not the company

Tax deducted at source has not been shown as an asset for the company since the certificate has been issued in the name of that proprietor


30 October 2008 In order to give reply only I am asking you the question whether the bill was also inthe proprietor,s name. If o you can claim refund.

30 October 2008 The bills was in the name of proprietor but income was recognised by the company

30 October 2008 What about the payment. Whether the client paid the amount by cheque in favour of the proprietor or not.

30 October 2008 Practically, you will have to pay tax on the income booked in the name of company instead of Proprietorship. What is the status of that proprietor in the company ( whether he is a shareholder or a director)? There can be some practical solutions to this problem. The answer to the question asked by Warrier sir can help a lot in this regard.

04 November 2008 In regard to What Warrier Sir has asked, the proprietor is the managing director of the company cum major shareholder of the company

The payment was made in the name of the proprietor

the problem is that the expenses are booked in the name of the company that is why the income cannot be claimed in the name of proprietor.

That is the issue




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