CA. M. Lakshmanan
The Annual Tax Statement under section 203AA in From No. 26AS contains ‘Details of Tax Deducted At Source’ in Part A, ‘Details of Tax Collected At Source’ in Part B and ‘Details of Tax Paid (Other than TDS and TCS)’ in Part C basing on the data available with the department through OLTAS (On Line Tax Accounting System).
In a case where a particular Deductor deducts and if he either does not pay or if he fails to file the TDS return with full details in time, the assessee, from whom the tax is deducted, will not get credit for the tax deducted from him because this particular deduction will not find a place in the Form 26AS. Then intimations are sent demanding the tax (already deducted) with interest. In such a situation top priority is to be given by the concerned officers for the returns filed manually and by the CPC for the e-filed returns to dispose of the rectification petitions filed with a copy of the certificate issued by the Deductor In these circumstances whether the assessee has to file the stay petition for collection of taxes, for the intimations processed at CPC, with the jurisdictional assessing officer or the CPC is not clear. Further the rectification petition and the stay petition are to be sent by ordinary post only since registered post are not accepted by CPC and this procedure will result in unnecessary litigation at a later date regarding levy of penalty and interest for non-payment of taxes and non-acceptance of appeals due to belated filing as there will not be any proof for filing these petitions.
Ultimately, where tax has been deducted and the certificate has been issued, the credit should be given to the assessee from whom tax has been deducted basing on the certificate issued by him even if the transaction does not find a place in From No. 26AS and appropriate action should be taken against the ‘Deductor’ who has either not paid the deducted tax correctly or not filed the TDS return correctly after due verification of the TDS certificate for its genuineness.
Many Public Sector Banks and Public Sector Undertakings neither deduct tax correctly nor file the e-TDS returns correctly in time and certain Banks and Post Offices insist the deposit holders (who are already assessees) to give Form 15G/Form15H to avoid the botheration of deducting, paying and e-filing, which in their opinion is cumbersome. Whether they file the Form 15G and 15H within the stipulated time with the Commissioner of Income Tax is another question and even if filed whether the I.T. Department takes time to verify all of them and take action against the persons who makes false declaration is another big question.
It also happens that certain unrelated transactions appear in Form 26AS such as professional fees or contract payments are shown and tax is deducted, whereas the assessee in whose Form 26AS the payment appears is not at all having connections with Deductor. This happens because of mistake in quoting wrong PAN while filing the ETDS returns. In such cases, unless corrective steps are not taken immediately by the Assessing Officer/CPC in coordination with the officer who is in charge of TDS to eliminate such entries by calling the Deductor while these are brought to their knowledge by the affected ‘Deductee’ there is going to be false demands/refunds.
As of now if an assessee fails to deduct tax or deducts tax at a lesser rate or pay the deducted tax belatedly with interest he can file revised ETDS returns with correct figures and these belated payments have to appear in the Form 26AS. But in the meantime if the assessee, from whom tax has been deducted belatedly, has filed his returns and paid taxes, he has to file revised return to claim the additional TDS, if the original return has been filed in time. Here also how many times and upto which date the revised ETDS returns can be filed is not clear.
To conclude the authorities, who are at the helm of affairs have to take corrective measures at the earliest to avoid huge pending demands/refunds and unnecessary paper work and litigation.
the Article was first Published on 05th August 2010
Read Other Articles of CA M. Lakshmanan
(Republished With Amendments)
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this is not about TDS which involves somebody else. But I paid self assessment tax to sbi through cheque. after 4 days TIN confirmed receipt with correct PAN, challan number, date and amount etc. But still it is not reflected in form 26AS even after 7 days from the date of o payment. This unnecessarily delays ITR filling and submission. what is the remedy?
My issue regarding one well known firm in India deduct first month tds in partnership firm which is starting of my company.After one month GST is applicable in whole India then I started same name firm in ptoperiership firm.But after one year I fill incom tex return and claim TDS by showing 26 AS company fill same Partnership firm TDS continues till year end.which is mismatch in TDS what can I do to get my TDS claim
.
Dear Sir,
My Form 26 AS is correct. Have checked all TDS certificate issued against Form 16 A and Form 16, everything is matching still at my incometax portal at TDS mismatch it shows TDS mismatch of Form 16 issued by employer and Form 16A issued by SBI. What to do?
sir TDS in ass.year 2010-11 paid but still I am receiving notice. Kindly send me rectification mail
for TDS How to apply for rectification
I am of the opinion that though TDS was created with a good intention by the Govt. the implementation is shoddy and Tax Payers are harassed in the era of computerisation. Some relief to Tax Payers isneeded urgently
my supplyer consider tds in invoice but i have not shown full invoice so tds entry also missing, now how to manage previuse year tds missing entry.
SIR, WHAT IS THE REMEDY EVEN IF FILLING 15G IN DUE TIME STILL BANK HAS DEDUCTED TDS@20%, ALTHOUGH IN THE FACE OF FD CERTIFICATE ITSELF THE PAN NO. IS PRINTED & LAST YEAR ALSO TDS WAS DEDUCTED@10% EVEN AFTER PROVIDING FORM 15G.
I have generated 26 AS certificate online. It is showing that my previous organization has credited a salary of Rs. 25000 into my bank account also organization has paid TDS of Rs. 3200. I have not got my salary of that month but still 26AS certificate is displaying so. what should I do. I have already dropped an email to my previous organization for reply, even I am not getting reply also from them. plz advise
I and my wife work in the same company. We are both consultants and 10% TDS is deducted from our salaries and duly deposited. This time i find my company has deposited the deducted TDS of mine and my wife’s into my TDS account. Now it is showing in my 26 AS statement . And the necessary amount has not been deposited in wife’s account.kindly suggest way forward.
I have received enhanced compensation on rural agricultural land. Deductor deducted TDS @20 % on interest and did not disclose PAN while filing TDS return. Result of which there is no tax credit shown in my 26AS. I have filed my income tax return by showing interest income on compensation received by disclosing TAN of deductor and amount which has been deducted. My return is not processed yet and not received my refund. So is there any other provision or way to claim my refund???
Taxguru,
All queries,but no answer from u.
This is bogus.waste of time.
I am Radha Panicker residing at Aluva, Kerala. I have SB and FD Accounts with State Bank of India, Aluva. SBI, Aluva is deducting applicable TDS from interest payments to me regularly. I have no accounts any bank in Nagpur, but in Form 26AS relating to Assessment Year 2015-2016, State Bank of India,Ramdaspeth, Nagpur has shown interest payments of Rs. 23440 against my PAN from which tax amount of Rs 2346 has been deducted. I have not received any payments from this branch of SBI. My investigations show that the said interest payments were made to another person having the name of “RADHA pANICKER” who resides in Nagpur. There is no response from SBI, Ramdaspeth, Nagpur or their controlling office in Mumbai. I would like to know how to get this mistake corrected.
For AY 2009-10,return filed manually at Mumbai.TDS was higher than the tax payable.While the tax outstanding was carried over upto AY 2015-16,and compounded with int under S220 and total outstanding was adjusted in the eligible refund for AY 2015-16.The TDS deducted was not uploaded so far .What is the remedy for the assessee?
Though the CBDT has issued a circular stating that an assessee in whose case TDS is deducted will not be coerced to pay again, we the assessees are harassed and punished mentally and financially (spending money on post, travel, phone, transport etc.) for the fault of some one who deducted tax. A proper remedy needs to be found. My suggestion will be –
1. Create a section in ITRs to show deductions (TDS) by whom, on what & when.
2. Give temporary credit to assessee, pending verification with Deductor.
3. Penalise heavily for wrong claims or if Deductor is found to have made a mistake, take him to task and give due credit to assessee.
4. There should be a separate help line in CPC to note such cases.
5. Such agony is incresing and Tax Guru need to take up with Government.
My experience with Post Offices is unbearable.
My wife gave 15H to her by around 20th April. But some FDs had a interest payment schedule for 10th April and hence TDS of Rs 300 related to about Rs 3000 of interest for the 10 days got deducted. Bank suggested the deducted amount be claimed as refund by filing IT return.
Bank has now given a TDS certificate showing only the interest for these 10 days and the TDS on it. AS26 also reflects only these amounts. The total interest paid by the same bank for the whole year on all FDs is actually about Rs 280,000.
At the same time, a private financial institution has acknowledged 15H, not deducted tax, but reported entire interest of Rs 18,000 to IT department as reflected in AS 26. I think this is the right way.
In previous years there was no delay in giving 15G / 15H to the bank and hence there was no TDS deducted. From AS 26 we find no interest was reported by the bank on these.
Should we now approach the bank and seek a TDS certificate indicating full interest for whole year, and the small TDS for 10 days. Should they have indicated full interest amount in TDS certificate? Should the AS 26 reflect interest for previous years?
We had not bothered about AS26 reporting in earlier years as the gross income was below tax limits. This year the gross income is marginally above tax limit, and net income after availing 80C etc is below tax limits even without using 87A exemption. However since gross income is above 3,00,000, she is required to file return.
My wife can file a return reporting full interest, establish zero tax and claim the refund. The only difference is bank report as in AS 26 is an interest of Rs 3000 and she would be reporting Rs 2,90,000 as interest.
What should she do, get bank to issue a new TDS certificate indicating the higher full interest but same TDS, or just declare full interest in her income tax return, claim the refund of Rs 300 TDS paid, and file the return without bothering about the difference in interest reported in AS26 / TDS certificate?
Sir, i have a query.i was checking my 26AS online for ay 2015-2016 and was shocked to see that some company has credited amount of rs 25000 and total tax deducted is rs 515/- and total tds deposited rs 515.this is done by may be accidentally giving a wrong pan number (which unfortunately is mine).Sir, what should i do now???? i was told that the CPC will take care of. Would appreciate if you can guide me please.
Sir I have paid challan on 06/02/2015 but bank has been write wrong TAN So problem has been create on credit taken and then bank also issue certificate regarding wrong Writing of TAN on Challan. So now whatb process should be follow…..Thanking you..
Sir,
I would like to know following.
In 26AS form , only few banks interest credited will appear for which 15G/15H forms submitted even though interest not deducted. why other banks whee in which I have submitted my 15H not appearing in 26AS. Pls I would like to know what is flow of information from Bank to 26AS. Is it dependent on Charted Accountants while filing the return on the behalf of Bank. Pls clarify
someone please help
my employer has deducted Rs 6000 towards tds from the salary for the month of 3/20129(paid in April 2011). but he has shown in AY 2011-12 instead of 2012-2013. he is not responding yo my requests. please let me know the remedy available to me
Ram Kishan Rao
sir,
My employer has deducted tax at source for the month of March 2011 but uploaded during AY 2011-12 instead of AY 2012-13. I have made several requests but the same is not rectified. what are the remedies available to me against employer
ram kishan rao
Sir I am central govt PSU employee in Bharat Sanchar Nigam limited in my assessment year 2014-15 my TDS deducted and shown in my 26AS by two TAN nos of BSNL one our district H/q and remaining by our state H/Q.I received notice and I claimed refund but only one TAN amount is considered and impose tax on me.
Then I submitted rectification request for this by giving all details shown in 26AS in Dec-2014 but till date refund not processed no any change in status.What I have to do?Whether response to be filles after rectification reuest or only to wait for result of rectification request..please guide me…
Dear sir,,
I am Nivrutti accountant.new join in company.i want help from you how to work 26AS TDS reconciliation work in excel work & also want match with tally TDS work .because i dont have i don’t have any idea.
Regards,
Nivrutti Lakhe
9823936509
Sir please give me advice my wife working as a teacher in zillaha parishad school nagpur zillaha parishad deduct income tax ass. year 14-15
in the month of mar-14 but i am checking on income tax credit 26AS no any transanction pl sir what i am doing
prashant abhyankar
Sir, Retired in April 2013. Since May 13 to end of financial year 2013-14 SBI Sonarpur branch(10095) paid me Pension. I have a FDR for which tds deducted and the Bank did not upload my pension at all in form 26AS though the FDR interest and tax deducted have been shown. Even in form 16 they gave wrong figure of payment and did not show the tax deducted at all. Since April 2014 I have made protracted correspondence with different authorities from Chief Manager of the Bank including Chairperson of SBI. I have given them clear picture enclosing copy of my pass book showing the payment made to me and tax deducted. They paid me as pension of Rs.3,90,952 and deducted tax of Rs.6210/-.Now in December 14 in spite of my giving figures they changed the figure in form 26AS showing payment made of Rs.94,050 only and tax deducted Rs.6991/- when they actually paid/deducted tax as I mentioned above. I failed to get a correct from 16 and correct form 26AS. I could not submit by IT Return because of their negligence. How to sort out the problem?
I seek advise from Income Tax consultants / CA / CS / Legal advisers.
I have a problem with my 26AS forms as all tax credit is not reflecting in it. Many govt departments have deducted IT and issued us manual TDS Certificate (Form 16A). As these forms are not issued from TIN Central system its not reflecting in 26AS. Thus IT has rejected these certificates and issued us demand notice for the same.
Please advise how can we claim tax deducted
A false demand is raised by not giving TDS credit for AY2009-10 as deductor had filed return with PANNOTAVAIL status. Assessing officer is demanding to get the TDS credit updated in 26AS in spite submitting the TDS certificate. The dedicator is not willing to refile their return and update the PAN. What can be done?
We have deposited excess TDS and issued the TDS certificate to vendor, is there any way out to claim refund from the vendor
Thanks
Dinesh Mittal
hello sir,
i not get any TDS amount from department since last 1.5 years
i told my advocate to claim that in written or online , but he told me that it is not possible to claim in written or online, department will send your TDS Amount any time which is not fixed.
so i want to know that is there any procedure (online or offline) to claim own TDS amount from Department.
Regards
Shailesh Davra
RESPECTED SIR, I AM POSTED AS DEVELOPMENT OFFICER IN LIC OF INDIA DEHRI ON SONE, ROHTAS, BIHAR. AS PER T.D.S. CERTIFICATE ISSUED BY MY EMPLOYER INCOME AND TAX DEDUCTED AMOUNT IS CORRECT, BUT AS PER FORM 26AS INCOME AND TAX DEDUCTED AMOUNT IS NOT CORRECT. INCOME TAX COMMISSIONER ISSUED DEMAND NOTICE TO PAY RS.631000/- AND E-RETURN FILLED BY ME IS NOT SETTLED BY C.P.C. BANGLORE FOR A.Y.2013-14 AND 2014-15,PLEASE ADVISE ME WHAT I HAVE TO DO?
sir
Wrong computerisation has created faulty 26AS.My employer certified deposit of TDS Of AY2009-10 by the deductor(employer ,a Govt PSU) and rectification in 26AS applied by me but CPC ,Bangalore not creditting TDS.There is no e-mail address of CPC for communicating.Form-16 certified copy submitted in ITO but nobody is listenning.what should be done by me please advise.
n panda
NewDelhi
RAILWAY DEDUCTED TDS FROM BILLS FOR THE YEAR 2012-13 BUT TDS STILL NOT SHOWN IN 26AS INSPITE OF MY WRITTEN & TELEPHONIC REMINDERS.HENCE I RECEIVED PARTIAL REFUND OF TDS.WHERE I SHOULD COMPLAIN FOR BIKANER & RAJKOT (TDS DEDUCTOR) TO GET IT UPLOADED.
Sir,
I have filed IT returns for the FY 2009-2010- (AY 2010-2011). I had paid fringe benefit tax to the employer and he has in turn given me a form 16 stating the tax paid.
But the tax credit is not shown in the form 26AS for the corresponding AY.
The issue had been transferred from CPC to the AO and AO has raised a tax demand in my name.
When I want to file an online rectification, it asks for the CPC communication Number which is not available with me as the demand has been raised by the corresponding AO.
Even the demand raised was known to me only when I checked the outstanding tax demand in the internet by chance. Due to this demand , the advance taxes paid by me for the future years even though reflecting in the form 26AS are not considered and additional tax demamd notices are being sent.
Kindly confirm how to solve this issue.
Hi.
In 26AS wrongly entered TDS credit to my Pan No. I requested to deductor to rectify the TDS return to file. Deductor is jharkand electricity Board. He is not listening say as our records my pan no. does not exist. It is mistake of IT person. How can I file returns. Please do the needful in this regard
Sir, My employer has deducted tax of Rs.10,000/- for the financial year 2013-14 from my salary of March and April 2013. Even though I had given my PAN for the purpose, no PAN was mentioned by him at the time of depositing the tax with the concerned authority. As a result, the form 26-AS does not show credit of that amount in my PAN account. I have made umpteen requests to the deductor employer but of no avail. What remedy is left with me in such a case? Please guide.
Anil H. Parmar
M. 9879561685
My mother is a Senior Citizen, holds Savings Bank Account in Bank as a First Holder. I am second-holder of the Account. She placed a Fixed Deposit with the bank from the same account. She does not hold PAN. I am holding PAN.
For this FD interest, Bank has wrongly issued TDS certi (16A) showing details of my PAN, my name and address.
The TDS certi (16A) must be issued in my mother’s name.
Please guide me in this matter.
Dear Laxmannan,
My Greets,
What is the Section of Income Tax that Govt.company deducted TDS to Private Limited Company but not showing in 26AS and not giving any reply.
Please reply.
SHANMUKH RAO
I am rtd. Person from up govt services . TDS for AY2012-13 has deducted from my salary, but not down
Loaded by employer at form 26AS .I made three reminders to employer but no action has taken by him.
IT Dept. showing outstanding demand in my name. It may cause problem in future . Pl advice me at my
Mail , the action taken by me to rectify this & punish the employer who is actually did mistake at his end.
With hope of early response . THANKS many man
SKSHARMA. ALIGARH
I am a govt employee. My employer has not filed the quartly e returns. because of this a demand has arised. because of the fault on the part of employer, I am receiving notices and my later assessment orders are also not finalised and my refunds are held up. is there any clause to punish the employer who is actually doing the mistakes. please reply.
whether the deductee can avail the credit on unmatched Form16A issued by the Deductor
I Fill return 19 July 2013, assement year 2012-2013 my pan no. AGBPV3604J MY TDS not refund plz help me…
Amount was deducted frm my salary of february 2011. but it was not shown in tds return. I have got the tds return revised before 8 days. when can I see the corrections in 26as form. please tell me.
Please suggest me where to complain about TDS Deducted from my salary but not deposited fully by the employer.
I filed my return on 23.05.13 for the assesment year 2013-14. At that time I had only 5000 rupees income from FDS in 26AS.But later on I found on 26.06.13 that 30000 rupees income from FDS in 26AS.What to do now.Will I again file the return.
Hi i am vishnu prasad tiwari hcl infosystem has deducted the tds in janu 09to aug 2009 i am apply for the refund in income tax office pratapgar for tds refund in june 2010 but there is no refund till now when i consult income tax office pratapgarh i got information that company is not done e-filing what i do. i our refund is done or not what i do.
my employer has deducted the TDS.But he has not filed the TDS return. what is next step as an employee.Where to complain? I want to claim back the tax so deduccted
Assessee did not disclose certain income ( though TDS made by payer ) in his return of Income and also not claimed TDS credit
Assessing officer detected the Income from 26AS
Can rectification u/s 154 be done or the case should be reopened u/s 147 followed by issue of notice u/s 148 ?
TDS is tedious but may be friendly by way of introduction of “TDS Challan Cum Form No 16 A”.That central govt. should design TDS Challan-cum-Form No16A for 194A etc.,as per proposed sec.194LAA, to avoid many problem. That only extra five information i.e. Name-Add.-PAN of the payee,amount dt. & nature of payment,shall be filled by the deductor in the challan.That all the information required for 26Q are already appeared in this challan hence there is no requirement of filling Form No 26Q & preperation of Form No 27A.That NSDL,Bank,local franchies get charges from
govt.but TDS deductor is UNPAID SERVANT OF GOVT. etc. If this challan is prescribed/notified then the deductor save fees for TDS Work, Charges of 26Q,Form no. 16A etc.No separaate issue of Form No 16A by the TDS deductor by downloading the Form No 16A from NSDL’s website,as all the details are available in this challan.The I T Department on producing TDS Challan-cum-Fdorm No 16A, should give credit for TDS
Sir.
My IT returns have been filed manually the tax paid matches with AS26 Yet AO has posted huge demand on CPC PORTAL Revision petition for a/y 07-08 is pending with concerned AO for over ayear now. Demands are posted also for A/y 08-09,09-10,10-11. AS26 MATCHES WITH TAX PAID BUT DUE CREDIT IS NIT GIVEN BY THE AO.
What am I to you Pl guide
In the assessment year 2009-10, company filed ITR and send copy to CPC, Banglore. Credit of TDS already in Form No 26AS. we sent various reminders to cpc to issue refund voucher. we obtained a copy from postal authority to varify that my documents are already received by cpc but cpc not is position to reply my singal letter and we are unable to find out the status of the ITR or position of refund, please suggest what to do or what is the legal solution of the issue.
Pramod Basotia
9811056353