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Anand sahni   12 June 2020

[tds not deposited since aug 2018]

Hare Krishna !!

Hope the blessings of almighty are on everyone and all is fine.

My problem is acute and I need your help.

I am a software professional living in USA holding a H1B Visa but an Indian passport.I have been in the USA since 2010.

A few years back on the advice of a dear friend I had started a company in India for providing hotel services. As I was in US my friend and I were directors in the company but all the day to day operations of the company were carried out by my friend.

As I come to India onece in 3 years I entrusted my friend with all the operations of the company.

Now I have been cheated by my friend as I have realised that he has done the following acts

1)He has deducted TDS for the service that my company was offered to clients but not deposited the TDS since Aug 2018.

2)In my absence he has resigned as the director of the company in May 2018 and I am the only director left in the company.

I have been receiving emails for TDS payment from Income tax  and also from GST officials.

I had a word with them and they said that I will have to pay a hefty penalty for this or face jail term. I have also spoken to a  CA friend of mine who says the same.

As I planning to go back to US very soon I want to know if there is any way out of this and will be happy be employ the services of such a professional.

Please provide your expert opinion on the same with your contact number so I can move forward.


Hare Krishna




 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 June 2020

TDS default: Independent director not responsible for TDS defaultTDS Payment Rules 2020: An independent director of a company, who is not responsible for running the day-to-day operations of a company, is not liable for criminal prosecution in case of TDS default, a session court in Mumbai held last month.

Gaurav sharma   26 June 2020

Hello Anand Sahni Ji,

You can contact me for immediate solution of your problems.

Contact: 8130637903

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