tds

Querist : Anonymous (Querist) 10 December 2010 This query is : Resolved
respected sir
i m working as ddo in a govt department in my office one employee got some arrear rs 600000 , i have deducted tds as 20000 and then he sumit 10 e form for relief and but i have already issued and sumit for 16 now he said to govt that ddo pay 20000 from his pocket and daily issue a complaint to my seniour and other sir tell me what i do , i did not accept his 10E .

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R.Ramachandran (Expert) 10 December 2010
If you have already effected TDS - whether right or wrong - and if you have already issued Form 16, then it is for the employee to file his return and get the refund if any due.
Within the Department, you have to take a stand (in case any complaint is lodged against you and if you are asked to give your explanation) that the employee concerned did not give Form-10E in time and as such as per rules you have effected the TDS.

s.subramanian (Expert) 10 December 2010
yes

soumitra basu (Expert) 21 December 2010
The form 10E has to be submitted before deducting and TDS. According to CBDT Circular you have not right to return TDS already deducted from person. The correct way is to file return and get refund. In this connection you may also file a complain before the Income Tax Authority - TDS section for necessary action against that person.

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