TDS

Querist : Anonymous (Querist) 24 February 2011 This query is : Resolved
i have franchise of a company where they deduct 3500 as a tds on my commision, but from last two financial year they havn't given us TDS certificate and later on i come to know that they havn't paid tds for last two year in income tax. As a result of this i am not able to submit my income tax return. So kindly guide me what i can do to get back my tds money from the company,

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adv. rajeev ( rajoo ) (Expert) 24 February 2011
Write a letter to the company to issue form No:16 immediately, otherwise let co., pay the deducted amount.

Querist : Anonymous (Querist) 24 February 2011
Hii Mr. Rajeev
thanks for ur reply..but company is not providing form no. 16 and they are now not in good position to pay the tds amount. so what can i do now. is there any legal procedure

A V Vishal (Expert) 24 February 2011
It is the duty of every person deducting tax to issue TDS certificate. In spite of your asking if you are denied the certificate then there is a chance that the tax deducted has not been deposited by the deductor to the government account. Please inform the Income Tax department [TDS section] which will then do the needful.

Parveen Kr. Aggarwal (Expert) 24 February 2011
If you have proof that the amount has been deducted by him towards TDS, you serve him a legal notice for providing you a TDS certificate in the prescribed form and deposit the amount with the Income Tax Department.

The relevant provisions whereunder he can be made liable are sections 200, 201, 203, 206 of the Income Tax Act, 1961.

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