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Tds recovered under sec 192 for non furnishing of pan

karthik (SAP FI Consultant) (30 Points)

07 December 2012

In a Form 16 - An assessee's GTI b4 chap V1A was 206234, V1A deductions being PF 7330 & 80D 1930, Total Inc 196974 - Tax computed on total income was 1748, however additional TDS was recovered and remitted to the extent of Rs. 39395 (18279 -Feb & 21116 - Mar) stating non furnishing of PAN no.

1. Can the assessee file return (belated now) and claim refund ?

2. Basic convenyance exemption also not given in Form 16, is there any remedy to Employee to fight with the company for their erroneous calculation in the Form 16.

What are the remedies available ?

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4 Replies

Varshit Shah (Self Employed) (676 Points)
Replied 07 December 2012

Dear karthik can you pls mention the year for which Form 16 is issued?

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karthik (SAP FI Consultant) (30 Points)
Replied 07 December 2012

@ Varsh*t

The year for which form16 issued is AY12-13, the assesse missed to file the return by 31st August, all along he was not in tax slab, so he didn't had any idea whatsover whom to approach etc.,

Also attaching the Form 16

Attached File : 51029 1096160 611647.pdf downloaded: 156 times

Varshit Shah (Self Employed) (676 Points)
Replied 07 December 2012

Do one thing :

Visit incometaxindiaefiling.gov.in

If you are already registered than first check your 26AS which is nothing but the statement provided by INcome tax department showing your TDS deducted by different deductors. If you see this figure of 39395 in 26AS then file your return under ITR 1 and claim for Refund.

If you are not registered than first get registered. Check the same.

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karthik (SAP FI Consultant) (30 Points)
Replied 07 December 2012

Thanks that answers about my refund part.. what about the conveyance exemption, isn't it mandatory to give standard exemption on conveyance irrespective an employee declares it or not that he uses it only for official purpose.. can any action be taken against the company for erroneous Form 16. Action against company I mean, just send them a mail with reference that they have prepared a wrong Form16, and action will be taken as per Sec of Income Tax Act, if they are not rectifying the same. Let them take the pain in preparing and issuing a revised form 16 and file revised return. All this because, the Finance dept is very lathargic attitude and adament, not so employee friendly. If this is a case of real blunder from their end, want to take them for soup.