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Can we issue tds certificates

sheetal (CA) (105 Points)

21 July 2010

Partnership made payment of rent to pary and deducted tds u/s 194c

The party is not giving his PAN number.

We filed the TDS return excuding above party from deductee sheet and filed the TDS retutn to comly with 85% quota.

We have only shown the above tds in only Challan sheet.

Now As per the NSDL site whenever we will receive the PAN we can revise .

But now the Party is not issuing PAN and demanding the TDS certificates

My query is Can I give the party TDS certificate without mentioning PAN ? Is it agianst LAW if yes under what section the company can't issue the certificate.

Even if I don't write in deductee sheet the above party is it possiable to issue TDS certificate ? Please quote the sections or notifiation , circular for your answers .

Please answer these question earliest .

Thank you

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4 Replies

Piyush Jain (CA) (283 Points)
Replied 21 July 2010

If he is not giving his PAN, even issue of TDS certificate is of no use.

Bcoz in income tax database, no TDS has been deposited against that PAN No. So any which way he cannot take credit.

Regards

Piyush

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Rohit Khaitan (Learning from Life) (127 Points)
Replied 22 July 2010

I think the present matter relates to section 206AA which has ben inserted by the New Finance Act...

I n this you are required to deduct6 tax @ 20% and the same should be shown in th deductte sheet . It Follows fro the above discussion that the issue of TDS Certificate is valid..

CS Vijay Daxini (At Practice) (732 Points)
Replied 22 July 2010

yes a completely agree with rohit and find the attachment u r all doubt will be cleared

Attached File : 39 new tds provision.doc downloaded: 176 times

sheetal (CA) (105 Points)
Replied 22 July 2010

Rohit It very cleared that if I write in the deductee sheet we can issue a TDS certifiacate . But the problem is because of 85% restriction if i write his name in dedcuteee sheet I can not file the TDS return . Can somebody answer my question please ?