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KALAVAMPARA (ADVOCATE)     03 December 2011

Incorrect tan in tds

 

Dear friends,

 

 

I need advice for the following problem in TDS

I am a group A officer of Govt of India,VSSC. My employer has given me a TDS certificate for Rs 81988 under section 203 of IT act for salaries for period from 1-4-2008 to 31-3-2009 on 14-5-2009  by quoting an incorrect employer TAN no TVDVI00171D. I had filed return on 28-7-2009. The correct TAN No is TVDI00171D. But this defect was not noticed by me when I received a notice under sec 143(1) of IT Act on 23-12-2010 for a tax demand of  Rs 102242 (Rs 81988+20254interest) with a remark “TDS CLAIM NOT GRANTED AS YOUR TAX DEDUCTOR HAS NOT UPLOADED TDS DETAILS IN NSDL”. So I gave a copy of original TDS certificate to local IT office at trivandrum to set right this issue and the officer told me it will settle in due course. Now I found that  tax refund of Rs 19940 due to me for financial year 2010-11 was adjusted by IT dept CPC towards the tax interest of Rs 20254 said above  and a nil refund has been ordered. When I checked my 26As statement there is no entry for TDS for this period.

 Now only I noticed this incorrect TAN in my TDS certificate. Now what I should do  further to settle this issue? I understand that Government deductors are using book entry for crediting to government account and not by 26as

Thanks in advance

 

SUNIL



Learning

 5 Replies

Sadashiv Rupchand Gaikwad (Partner)     07 December 2011

You may ask to revised upload Quarterly eTDS return of your Employer, then 26As shows tax credit by your Employer.

1 Like

C. P. CHUGH (Practicing Lawyer)     08 December 2011

Yes, you have to request your employer to upload their TDS returns with correct TAN and once it is done you would find credit in your 26AS statement and would have to request for refund errornously adjusted against the now non-existent demand.

1 Like

KALAVAMPARA (ADVOCATE)     09 December 2011

When I got 143 notice on 23-12-2010 I had requested my employer on 14-1-2011  to upload my TDS in 26AS.

But so far (that is after 24 months) my employer has not uploaded my TDS in 26as. So can I request IT officials to issue a notice to employer to upload details.







Ganesh babu (ARTICLE ASSISTANT)     04 September 2012

u can complian to ur ao,or tds commisioner for ur jurisdition

R RAJAGOPALAN (ADVOCATE)     05 September 2012

Your Query:When I got 143 notice on 23-12-2010 I had requested my employer on 14-1-2011  to upload my TDS in 26AS.But so far (that is after 24 months) my employer has not uploaded my TDS in 26as. So can I request IT officials to issue a notice to employer to upload details.

Reply: Complain to the CIT(TDS) about the inaction on the part of your Employer, with copies of the letters you sent to the Employer, and of the TDS Certificate. 

Simultaneously you may send a letter to the Assessing Officer requesting for the whole refund with the interst due say within 30days; after that, if there is no response complain to the CIT< Thiruvananthapuram , and thereafter to the Ombudsman (Income Tax), Kochi.


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