santosh kumar huded
(Querist) 21 March 2011
This query is : Resolved
one of my friend is authorised mobile service provider i.e he repairs the mobile phone of some branded mobile phone through an agreement.he had taken the authorised service centre in his father's name. and later on he changed the propreitorship and transferred it in his name and has changed the same in VAT and service tax registrations and also provided his PAN number to the companies for which he is authorised service provider. but the companies have not changed the PAN and deducted TDS in his fathers name. Now,for VAT and service tax registration, my friend is assessee, whereas for income tax his father is the assessee. what should be done for this. kindly provide me best possible soultion. urgent.
(Expert) 27 March 2011
AS PER YOUR QUERY VAT AND SERVICE TAX REGISTRATION IS IN YOU NAME AND INCOME TAX tds DEDUCTED IN UR FATHERS pan. tds RETURNS SHOULD BE REVISED. YOU CAN ALSO FILE ITR OF YOUR FATHER CAN CAN GET REFUND. BUT BETTER YOU ASK YOUR DEDUCTOR TO REVISE TDS RETURN
(Expert) 03 April 2011
You have to file a return showing the income and claim the deduction. Income Tax Act says that credit for TDS shall only be given to that portion, who disclose the income. You can write a letter to the ITO stating the actual fact and submit documentary evidence for the same. Your claim will be entertained.