TDS made from client on payment of commission and mentioned in the account statement while issuing cheque. But the tax is not deposited by the deductor. So the deductee has to pay the tax due on his income. What action the deductee can take to the deductor for non payment of TDS & not issuing TDS certificate? Can he intimate the matter to the ITO of his jurisdiction? Will the ITO take any action to defaulter?
3 Replies
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 28 February 2011
the deductee has to ask for TDS certificate, and if not provided then make it into notice of ITO of the concerned party.
Kannan M
(Consultant)
(85 Points)
Replied 28 February 2011
Once the TDS is deducted, the deductor has to remit the amount and has to file e-TDS return within due date. Then only the deductee will get the credit. Even when the deducted amount is remitted by the Deductor, the deductee will not get the credit unless the Deductor files e-TDS return. So it is the right of the deductee to ask for TDS certificate and status of e-TDS filed. Neither tds remitted nor etds filed, then the deductee can report the same to the PRO of Income tax department.
Srinivas
(Finance & Accounts)
(107 Points)
Replied 01 March 2011
As per the provisions of Income Tax, the Deductor will have the responsobility of Tax Deduction, Remittance of Tax and Issue of relevant Cerficate.
If there is any late in depositing of Tax, He can deposit the same with interest @ 1.5% per month.
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