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Inerest/penalty for Non receipt of TDS certificate

Prity (Partner) (70 Points)

13 October 2010

Hi All,

I am yet to receive Form 16A in respect of TDS for commission Income by a company. If I file my return without submittiing the certificate, can I claim deduction of the tax. Or I will have to pay the amount the tax laibility arising to avoid any interest/penalty.

Can I file my return by showing the amount payable and furnish to IT Department TDS certificate as and when I receive it from the company.?

Is there any solution for claiming the TDS, if the company does not furnish TDS certificate to me.

Kindly Help

Thanks.

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3 Replies

Bhavin Bhadra (Job) (174 Points)
Replied 13 October 2010

Dear Prity,

If you have not received TDS certificate then check out status of your form 26AS online.

If the company has deposited the TDS deducted from your commission then it will be shown in 26AS.

You can claim TDS in your income tax return as now onwards TDS certificates are not required to submit with the return if you file online return.

Bhavin Bhadra

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Prity (Partner) (70 Points)
Replied 13 October 2010

Thanks Bhavin,

But what if the compnay has not deposited only the Tax deducted with the Income Tax de[artment for the F.Y. 2009-2010.

Thanks

Bhavin Bhadra (Job) (174 Points)
Replied 13 October 2010

Dear Prity

If the company has not deposited the tax deducted to the income tax department then you need to calculate tax on your commision income and have to pay tax along with the penalties and interest as per the provisions appliable.

And for the company whole of commsion expenditure will not be allowed as deduction untill it deposits the TDS with revenue department.

Bhavin Bhadra