Tds deducted but deposited to another pan

This query is : Resolved 

Online (Querist)
10 May 2021

State Bank of India has taken a residential property on rent. The rent was paid to the house owner. However the TDS was deposited against other PAN. The issue was noticed after six months. Accordingly it was brought to the notice of the Bank, but the bank did not pay any heed and just gave some vague reasons for the six months and rectified the PAN number subsequently. It is now almost more than two years. Can the issue be sorted out as the owner needs to return the deposit due to end of lease. The house owner is insisting to deduct the difference of TDS of Six months which has not been reflected in the IT.
Can the bank rectify the TDS challan and correct it with the proper PAN number.

Dr J C VashistaOnline (Expert)
11 May 2021

It is advisable to consult and engage a local prudent chartered accountand for professional guidance and necessary proceeding.

Sankaranarayanan Online (Expert)
11 May 2021

yes it is the responsibility of the detector. Even after several submission they not rectify it then you send a letter to Income tax department TDS cell regarding and send copy to the Audit cell of the Bankers.

Advocate Bhartesh goyalOnline (Expert)
11 May 2021

Deducting TDS from your rent account and deposited it by bank in another PAN amounts to deficiency of services. You may file complaint before District Consumer Forum for bank's such act and claim TDS amount along with compensation towards mental and physical agony caused to you also makke complaint to ombudsman banking in this regard against bank and it's responsible officials.

kavksatyanarayanaOnline (Expert)
11 May 2021

You shall complain of full details to the Commissioner of IT by RP and also to the ombudsman.

T. Kalaiselvan, Advocate Online (Expert)
12 May 2021

You are a sufferer due to bank's irresponsible and lethargic attitude.
First you demand the certificate from Bank for the TDS towards GST amount deducted from the monthly rental amount by issuing a legal notice to the bank.
Let the bank give a reply about the error, for which you may claim that the bank is responsible to recover the erroneous debit but it is liable to return the amount deducted from the amount due to you.
You can either approach consumer forum or file a recovery suit in the civil court against this if the bank is not responding or complying with the demands made.
The bank can very well claim the return of the wrongly deposited GST amount.
The balance in Electronic Cash Ledger can be claimed as a refund by submitting a refund application form RFD-01. This can be done online on the GST Portal/GSTN The excess GST paid can be claimed as a refund within two years from the date of payment.

Veerchandra B ShettyOnline (Querist)
13 May 2021

Kalaiselvan Sir,
Thanks for your reply. The issue is related to TDS deducted on rent paid by SBI to the owner. The TDS amount was deducted by the bank but the same was deposited towards other PAN by the Bank.
So the actual person who has received the rent could not adjust the TDS amount in his yearly return as it was not reflecting in the 26AS.
The bank is not ready to accept the mistake nor rectify the same as it is already more than two years.
So, can the bank rectify the error as it has already deposited the TDS amount towards other PAN. If not how can I claim the said amount.

Sankaranarayanan Online (Expert)
18 May 2021

As i said earlier that you have to approach the Banker . They need to file a revised return of TDS . If they not heard your issues then submit a representation before the Income tax authority ( TDS Cell).With the support of your Auditor you can approach your Income Tax Assessing officer and explain the details. Based on your submission he /she can call the records officially and reconcile it

T. Kalaiselvan, Advocate Online (Expert)
18 May 2021

Expert Mr. Sankaranarayanan has given a very good reply which in my opinion is adequate for initiating the steps as suggested if you are really looking for relief.

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