CA.Sonia (professional) (517 Points)
27 July 2013Need to file the return but there is a difference in the amount shown in 26AS & Form 16 Provided by the Company.
As the company deposited the TDS recently it would take time to get reflected in 26AS
While filing the return the amount shown is less than the Form 16.
Please let me know what is way out for filing the Return.
Thanks
nysrsp
(Be Well)
(39 Points)
Replied 27 July 2013
26AS is the Final. If the company had filed it correctly, it would not take much delay for it to be displayed in 26AS. You can urge the company to correct this asking them to re-file with the correct PAN. Else, when you file the return, you should go by the amount mentioned in 26AS. If there is a difference between the figures in 26AS and the TDS that you file, you can be 100% assured that you will get a Tax Demand Notice.
CA Vichitra Trivedi
(CA in Practice Studying LL.B. (Hons))
(171 Points)
Replied 09 November 2013
Recently in the case of Citicorp Finance (India) Ltd it is held that TDS credit must be given even if TDS Certificate is not available or entry is not shown in Form 26AS. Decision in short is reproduced hereunder for your kind perusal:-
"The assessee claimed credit for TDS which was denied by the AO on the ground that the claim did not match the entries shown in Form No. 26AS and that there was a discrepancy. On appeal, the CIT(A) held that the assessee would be entitiled to credit to the extent shown in the computer system of the department. On further appeal by the assessee to the Tribunal HELD:
The AO is not justified in denying credit for TDS on the ground that the TDS is not reflected in the computer generated Form 26AS. In Yashpal Sahwney 293 ITR 539 the Bombay High Court has noted the difficulty faced by taxpayers in the matter of credit of TDS and held that even if the deductor had not issued a TDS certificate, still the claim of the assessee has to be considered on the basis of the evidence produced for deduction of tax at source. The Revenue is empowered to recover tax from the person responsible if he had not deducted tax at source or after deducting failed to deposit with Central Government. The Delhi High Court has in Court On Its Own Motion Vs. CIT 352 ITR 273 directed the department to ensure that credit is given to the assessee even where the deductor had failed to upload the correct details in Form 26AS on the basis of evidence produced before the department. Therefore, the department is required to give credit for TDS once valid TDS certificate had been produced or even where the deductor had not issued TDS certificates on the basis of evidence produced by assessee regarding deduction of tax at source and on the basis of indemnity bond."
See also the case of 3i Infotech Limited for similar kind of issue.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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