Tds certificate non-issuance

Srinivas (Manager) (30 Points)

25 November 2011  

Hi.

We, a pvt ltd company, have provided consulting services to another firm ABC. Now, ABC has neither issued the TDS Certificate towards the professional service fee nor paid up the complete amount that is due to us. In essence, TDS is withheld but the certificate is not issued.

1. What is the best course to handle this situation: though we have been following up over the last 2.5years, we have neither received the TDS certificate nor the TDS amount. Is company ABC liable to issue TDS certificate to us or make the payments with due interest?

2. Is there any liability on ABC if they do not issue the TDS certificate to us?

3. If they were to make the withheld TDS amount to us now, then what is the liability on us towards Government? Are we to make any interests costs to government on account late filing of taxes to the extent of newly received TDS amount from ABC?

4. If ABC do not respond at all, what is the best recourse that is possible to elicit TDS certificate or the amounts due to the extent of TDS?

Thanks much

Srinivas