TDS without Payment

Querist : Anonymous (Querist) 28 February 2011 This query is : Resolved
A company is not making any payment against our various bills. But online TDS details (26A) are showing that the company has deposited TDS in June 2010 against two payments of Rupees one lac each on 31 March 2010. Please suggest solution for the same as the company is not responding.

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R.Ramachandran (Expert) 28 February 2011
Try to file Suit under Order XXXVII CPC for recovery of the money. This you can do provided there is no dispute about the supply of goods / services.

Guest (Expert) 28 February 2011
Naturally, if bills have been passed and TDS deposited, there would have been no scope of any dispute about the supply of goods/services.

But you have not mentioned what reason the party has quoted for non-payment of your bills? Can you mention that for clarity sake?

PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]

Querist : Anonymous (Querist) 28 February 2011
Thanks.
Sir, We assisted this company for markiting some products and as per terms I presented bills from my own firm for the same. There is no dispute on any subject. Earlier we also received some part payments. Now the company is not giving billwise details of payments. On request they have send the TDS forms to me.

soumitra basu (Expert) 05 March 2011
According to law the company has rightly deducted TDS from your bill. That is to mean that your bill in duly credited in the books of accounts.
Regarding collection of payment you may file a winding up petition before the High Court which may expediate the payment.

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