Tds deducted not paid implications on income tax

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pisuapti jagannath

ceo

37 Points Posted on 27 January 2017

Sir,

TDS was deducted by the company on the bills FY 2012-13, however the said company has not deposited the TDS until now. after lot of reminders, they have sent me their ledger copy in PDF form showing the deduction of TDS and their inability to deposit the same, thro' a mail, as the company has almost become defunct.

i claimed this TDS on my returns AY 2013-14. however income tax authorities have disallowed the same as it was not reflected in the FORM 26AS and have levied interest and penalty.

what is my recourse. should i hire a CA for this. is there any CBDT circular or court judgements which i can rely on.

OR should i just pay up and treat it as bad luck.

would be obliged if you can show a way.

regards

jagannath

Replies (2)

Mukesh Kumar

Accounts Manager

1292 Points Posted on 27 January 2017

DEAR SIR, ,,,,,,,,,,,,,FIRST OF ALL YOU SHOULD TAKE EVIDENCE PROOF FROM YOU EMPLOYER IN WHICH SHOW TDS DEDUCTION LIKE , FROM 16 ,,SALARY PAY SLIP,,,,,ACCOUNT LEDGER AND SUCH AS ,,,,,,,,,,,AFTER THAT YOU CAN HIRE CA FOR JUSTIFICATIO N THIS AND YOU CAN ALSO DIRECTLY SHOW TO I.T. OFFICER THISE EVIDENCE.

CA Karan Sathe

292 Points Posted on 27 January 2017

Do not pay tax. I advised you to collect TDS certificate from that company. Even if TDS is not reflected in Form 26 As you can still claim it on the basis of TDS certificate. and issue the same to the income tax officer in your reply. TDS certificate must be furnished.