tds certificate not issued
AMIT KUMAR
(Querist) 31 July 2010
This query is : Resolved
if a placement consultant who's tds has been deducted @ 11.33% and had not been issued the tds certificate to do some confilcts and difference in openion.
what can be done in such case.
wishes
Amit
A V Vishal
(Expert) 31 July 2010
The deductor has to issue a TDS certificate using Form 16/16A by the end of the following month in which the tax is deducted, and where the payment is credited to the account of the payee at the end of the year, within seven days of two months from the end of the year. A consolidated yearly TDS certificate can be issued only if the payee so requests within one month from the end of the year. Failure to issue the TDS certificate within the prescribed time attracts a penalty of at least Rs 100 per day for the period of the delay; the maximum penalty being subject to the amount of the tax deducted at source.
THE RECOURSE AVAILABLE IN YOUR CASE IS COMPLAIN TO THE DEPARTMENT.
soumitra basu
(Expert) 01 August 2010
You can do the following :
1. Complain the ITO, TDS having jurisdiction of the deductor for initiating penalty for not handing over TDS Certificate in time.
2. Open 26AS and see whether the amount was properly credited to your account or not. If exists, then you can file income tax return by claiming credit for such TDS.
