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Tds deduct @ 20%, can i claim by file itr

Anubhav Gupta (Accountant) (33 Points)

14 March 2014

TDS deduct @ 20% due to non presnt of PAN, and my company not ready to revise TDS return, now can I claim TDS deduct @ 20% whiel file ITR, I know my TDS is not shown at 26AS,

I am aware that the Income Tax Department send me notice for extra TDS claim, I think IT Department also send the notice to my company, may be at that time my company revise TDS return and after that my ITR is valid and I got my extra TDS deduct.

Please suggest frnds am I right or not???

Thanks in advance....

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11 Replies

Tarun Kumar G (Accountant) (59 Points)
Replied 14 March 2014

Hi,

After you receiving the notice from IT Department for extra TDS claim,

You may substenciate your TDS claim with two documents 1. TDS Certificate issued to you @ 20% and 2. PAN Allotment letter (TDS Deducted date and PAN allotment Date will help to substenciate)

Your company may not receive any notice from the department as company is deducted tds @ 20% and filed the returns correctly,

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Manoj Mehta (Head Of Department (Accounts & Finance)) (1479 Points)
Replied 14 March 2014

Dear

Please request your company to revise the return NOW itself to claim it in your income tax return otherwise it will create problm for you. If you claim it in your income tax return your surely get a demand notice so the only way is to revise tds return for the same.

regards

Anand Dad (Partner) (720 Points)
Replied 14 March 2014

You can claim the whole of TDS that was deducted by the Co.

Anubhav Gupta (Accountant) (33 Points)
Replied 14 March 2014

Thanks ........

Means I can't claim TDS deduct @ 20%....

@ Tarun Kumar: Not any company provide certificate for TDS deduct @ 20%, so how can I produce that?

and my PAN is alloted before TDS deduct, I can't produce my PAN due to lack of communication and I am not aware for that is my TDS is deduct.

Anand Dad (Partner) (720 Points)
Replied 14 March 2014

When you recieve the notice, you should be able to prove the correctness with the required documents

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Tarun Kumar G (Accountant) (59 Points)
Replied 14 March 2014

Then company has to revise TDS returns ASAP

Anubhav Gupta (Accountant) (33 Points)
Replied 14 March 2014

@ Tarun kumar: My thinking as same as u tell, ultimaely my company have to revised TDS return, and then IT Dept. refund my excess TDS....

But is the IT dept. send the notice to compnay for verification or not? coz without TDS return revised IT dept. not refund my TDS.

Note: my question is simple how can I urge my company to revise TDS retrun.

Tarun Kumar G (Accountant) (59 Points)
Replied 14 March 2014

Anubhav

you can only request the company to file the correction (however i will getback to you with the relevent section or law compiling dedoctor to file/issue the TDS Certificate)

without filing correction returns it is lengthy process to claim your tax credit,

IT Department will not send any notice to the company as the company's TDS Returns filled correctly

and

A Company cannot deny to issue the certificate whatever reason, it may not possible to download the certificate form TRACES for non availablility of PAN, but company should issue a manual certificate or a letter stating your deduction, which will be your supporting document to produce manualy to IT department when you receive the demand notice, later IT Department will amend it in e-fling system.

Sandeep Keswani (Tax Consultant) (1064 Points)
Replied 15 March 2014

Dear Anubhav, please note the following points:

Any person deducting tax (PAN available or not, higher rate of 20% or regular rate) is bound to issue TDS Certificate u/s. 203 of the Income Tax Act.
The fact the you had not provided PAN to your company at the time of deduction of tax or filing of TDS statement by your company DOES NOT exempt the company from issue of TDS Certificate to you.
Since your tax has been deducted and paid to the government treasury, you are legally eligible to get credit of TDS, whatever being the rate, 20% or anything.
It is only the procedural aspect for claiming the TDS in your IT Return that is bothering - in case the company has issued you any TDS Certificate other than that generated from TRACES (or earlier TIN), the same can be produced before the Assessing Officer and you will get credit of TDS even if there is no credit in 26AS.
Your company must also have got notice from TDS-CPC (TRACES) regarding defaults in TDS Statements filed by them - to the effect that valid PAN was not provided in the statement. The best option would be that your company should file a TDS Correction Statement - this will help both, the company to remove the default u/s. 200A, and you will get TDS Certificate.
In case your company does not file a correction statement, you may either file a written complain to the Income Tax Department. In any case, you are surely eligible for the tax deducted from your income; that is for sure.

Regards.

3 Like

sridhar (commercial executive ) (21 Points)
Replied 27 March 2015

Dear Sir

We received a commissioning debit note from overseas company @ Germany EURO 1800. TDS is applicable or not. If applicable how is deduct the TDS and how much amount pay to that customer.