If an assessee was an AOP and then it was changed to partnership and the assessee was not informed the deductor about the change and the deductor continuous to provide PAN of AOP instead of firm while filing the return and in 16A, Can this tds set off by the firm ?
3 Replies
Devendra
(Chartered Accountant)
(4775 Points)
Replied 03 December 2010
Dear Jayesh,
The Partnership Firm should give a written letter to all its clients about the change in the status of the Organisation and also the new PAN of the partnership firm. The P'ship Firm should obtain an acknowledgment from its clients in regard to the receipt of the letter sent by your organisation.
As mentioned in your query, the TDS amount cannot be claimed by the P'ship firm, also the Form 16A bears the PAN of the AOP. Hence, from now onwards it should be seen that the deductor deducts TDS on the correct PAN, otherwise you won't get the TDS credit.
Regards,
Devendra P Kulkarni
Priyank
(Learner)
(98 Points)
Replied 05 December 2010
Dear Jayesh,
Your client should ask deductor to Revise their TDS Return.
CA PRAKASH M KHATRI
(PRACTISING)
(35 Points)
Replied 05 December 2010
firstly it is a mistake which is to be rectified to complete assessment of firm systematically otherwise it would be complecated for firm to assess with respective income on which tds has been deducted.
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