TDS Income tax

ajithkumar.t (Querist) 27 February 2011 This query is : Resolved
Sir,
One of my clients got a notice of order to pay TDS on salary with interest etc along with challan sent by Income tax office.
Actually the amount shown in the order is incorrect and due to the mistake in the E/TDS return filed.
The problem was due to in the e filing return instead of showing the employees salary as WOMEN it is incorrectly shown as OTHERS.
So the TDS deducted seen to have been made short when it is calculated for MEN.
Actually for women it is correct.However notice says to pay money.
What should we do.
Can i correct the e return for the year by filing correction returns. or any other remedy other than filing appleal to commissioner for this mistake in efiling.

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mahendrakumar (Expert) 28 February 2011
It is better to pay the tax and file a revised return as the mistake is not on the part of it authorities,there is no scope of appeal.

Guest (Expert) 28 February 2011
Dear Ajit,

Compliance of notice of the Assessing Authority is necessary. However, revised IT Return is the only solution to get refund of the excess tax paid. So, after making payment of the so called short tax, file a revised return to get refund. The ITO will definitely make refund after his satisfaction on receipt of revised IT Return.

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

SANJAY (Expert) 28 February 2011
As per the provisions of section 195 of the Income Tax Act the TDS have to be deducted at the appropriate rate and when it is not deducted the Tax officer can put penalty with the terms of other provisions of the Act.Hence the only alternate available to you is to file a revised ETDS return because only employer is liable to deduct tax on salary and remit it to the Govt.
After filing the revised return show the acknowledgement to the IT officer and he would make the assessment accordingly in terms of provision of section 143.

B.Chakrapani Warrier (Expert) 28 February 2011
Revise the e-tds return with out delay. Then reply to the notice attaching copy of the acknowledgement of the e-tds return with a prayer to condone the inadvertent mistake and to drop the proceedings initiated and to cancel the demand from the D & CR register of the IT separtment.

A V Vishal (Expert) 01 March 2011
Follow the advise of Mr Chakrapani

soumitra basu (Expert) 05 March 2011
I think firstly you should file a revise return in E-TDS. Then in individual return if you committed same mistake then you must apply rectification under section 154 of the act. Presently mistake can be rectified in internet.

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