Prashanth (Chartered Accountant) (2322 Points)
05 June 2012Hi friends,i have 2 questions in rspect of TDS
1.There is a mismatch between Form-16/16A and Form-26AS, now the tax payer which amount he has to cliam has TDS?
2.if the deductor has not filed the TDS return or not deposited the TDS amount,now what is the option available to tha tax payer for claiming the TAX?
Kindly also quotebasis i mean on in respect of which section section or circular he can do?
Prateek Agarwal
(Sr. Executive - Finance & Accounts)
(1732 Points)
Replied 06 June 2012
You can claim your actual TDS amount but the dept will favour the 26AS amount. Then on submission of the Form 16/16A, you can claim the full amount of TDS.
If the deductor has not deducted / paid the amount deducted, then you can either plead him to do so, else, you can claim the money as refund from the deductor. Even after that the deductor does nothing, then you cannot claim it anyway from the govt.
R.S.KARTHIK
(Article Assistant----Final Student)
(59 Points)
Replied 06 June 2012
Hi,
A) Tax Department takes Form 26 AS as the base and you can claim the TDS amount as per this form itself.
B) There is no option while filing your returns to claim the TDS amount if your deductor has not paid it to the government, the department goes as per the Form 26AS and nothing else. U better have to intimate the Deductor to pay it as early as possible.
CA Naresh Pareek
(Practicing Chartered Accountant)
(170 Points)
Replied 06 June 2012
you can claim TDS even if it not matching with form 26 AS and you will get credit upto Rs. 5000. For further details kindly go to following thread : https://www.itatonline.org/info/index.php/cbdt-instruction-on-processing-of-returns-for-ay-2011-12/
Rahul Agrawal
(Pursuing CA)
(52 Points)
Replied 06 June 2012
please shre any file for advance tax payments. thank you.
CAclubindia
