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sanjay (sales)     10 March 2012

Partnership firm - refund of tds

Hello experts,  This query is regard to refund of TDS  in case of  a partnership firm . The firm is formed in  state of Haryana  and 2 partners - one from haryana and one from Bihar are there . Some commission / paymnet received by the firm after TDS .. The company deducting TDS has deposited the TDS with Government but  in teh TDS returns , they have not filed the PAN No. of the partnership firm .  Now , one of the partners has resigned from the firm  leaving the firm to be single - in effect,  a proprietor ship firm .

Please guide on how to file the Income tax return and file for refund of TDS . 


 7 Replies

A V Vishal (Advocate)     10 March 2012

Since the partnership has attained the status of a proprietorship, the proprietor of the firm has to give his PAN number to the deductor who can then file finally leading to credit/refund to the proprietor.

sanjay (sales)     11 March 2012

Dear Mr vishal,


Thanks for the reply . Actually the Deductor has already filed TDS   giving the nameof the firm .  In the space for  PAN no of deductee ,  they have mentioned  :  PAN not available .  


so pls. suggest ,

A V Vishal (Advocate)     14 March 2012

Yes you can ask the deductor to revise the e-tds and file the same suing your details.

A V Vishal (Advocate)     14 March 2012

That is using not suing---typo error. makes lot of difference

sanjay (sales)     15 March 2012

dear sir, thanks for your reply .

jagadish hiremath (advocate & tax consultant)     15 March 2012

Dear Sanjay

I think there is no chance of leaving PAN of your individual firm TDS certificate. Your deductor can obtain TDS certificate from NSDL site. Hope u will contact your deductor

sanjay (sales)     15 March 2012

no, on TDS certificiate, he has not  mentioned  the PAN No. of the firm  .Just name & address of the firm is given .

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