Immediate amendment required in Income Tax Rule 31

Rule 31 of Income Tax Rules, 1962 requires that the certificate of  tax deducted at source to be furnished to the deductee within fifteen days from the due date for furnishing the statement of tax deducted at source under rule 31A. (i.e. on quarterly basis).

Certificates are now to be downloaded from https://www.tdscpc.gov.in/

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Unfortunately, even today (on 27/05/2013), when we try to request for Form No. 16A for the quarterly statement filed on 15/05/2013, this website gives the following message.

“Download request cannot be submitted as statement has not been processed for selected Financial Year, Quarter and Form type”

Thus, to save thousands of tax deductors to become defaulter in delivering certificates to the deductees without any actual default on their part and to save them from the penal consequences mentioned under section 272A(2)(g), government should immediately take an action so that innocent deductors can be saved from being penalized.

(CA. Tejas K. Andharia -B. COM, F.C.A., D.I.S.A.(ICAI),  D.I.R.M.(ICAI), Bhavnagar, Gujarat, tejasinvites@gmail.com)

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Tags : CA Tejas K. Andharia (25) TDS (899) TDS Certificate (24)

0 responses to “I-T Rules related to Furnishing of TDS Certificate requires Immediate amendment”

  1. natarajan says:

    sir, the TDS certificate FORM 16 A is issued by taking a copy from the form 26 AS.
    why we have to submit aanother copy. The IT dept can simply accept the tds reflects in the Form 26 AS. further in our case TDS certificate issued but not reflected in the Form 26 AS. The dept. is not giving credit for the tax deducted. Once I have read that the tax collected from the parties must be remitted in the treasury within the due date otherwise the deductor will be fined But here without giving credit for the tax collected , the tax payer is affected. what is the remedy
    natarajan

  2. S PRAKASH says:

    sir,
    you are right, and recently we had a meeting with the Chief Commissioner of Income Tax,Karnataka, and he expressed his helplessness for the same question raised by the Chamber.He said for Income Tax Officicals it self the credit is not given for salary income and it is really shame on the part of the Department.Unless the online sysytem is put in to right track, they can process the returns by accepting the HARD COPY OF FORM 16 A issued by the deductors.In fact the local jurisdictional officers will not take interest in the matter.Specially the Government deductors like PWD,CMS’s and local self governement organisations are not at all filed the 26Q for 2009-10 and in a system like this how one can expect the refunds for the genuine tax payers? The officers on the other part say SORRY kindly bear with us till the system is put to track,question of viewing 26AS is made so difficult and it gives a feeling that the income tax is not for the tax payer but of the OFFICERS.The department talks so much of CITIZENS CHARTER and other concepts and ASK and so on, but what is the use of the COMPUTERIZATION if it can not help the poor small assesses?

  3. Ravindra says:

    Bank is supposed to give quarterly TDS certificates to its depositors . But Bank of Maharashtra never gives for Q1, Q2, Q3 quarters but says will be given once along with Q4 ie 4th quarter ie after 3rd week of May 2013 .

  4. Rama says:

    Hi all,

    We have done good work in this site and if we file quarterly return TRACES SITE Will take exactly 7 days to process and all the Form 16 and 16A request are working correctly.After filing quarterly return after 7 days it will work

  5. Bhupal Singh says:

    the basic problem is that most of the deductors and their CAs keep waiting for the last date of depositing the tax deducted at source ( presumably to utilise the amount of Tax Deducted for some days for their business purposes etc ) and hence filing of the their TDS statements. This causes cluttering towards the last date consequently resulting in delay in processing speedily by the IT deptt and which in turn causes some delay in downloading the certificate. I do not see any reason for the delay in depositing the TDS amount and filing the TDS statement AS SOON AS the Tax is deducted. There is no reason to wait till the last dates prescribed by the IT Deptt Rules etc. If the TDS is deposited rightaway soon after the payment of amount on which it has been deducted, to the deductee and the statement is filed in time there is no likelihood of any problem in downloading the TDS Certificate. THe blame lies with the Deductors and their CAs. Pardon my being forthright.

  6. CA J.K.AGRAWAL says:

    It is really a practical problem. One window should be in the department to provide the solution if there is any error in downloading the same. There should be some amendment in issuing TDS Certificate. When an assesse asks for the refund on the basis of TDS Certificates , at that time department replied that TDS amount is not shown in the 26AS hence refund can not be released even after submitting TDS certificate. There is no point to download and issue TDS cert. Pl. abolish this requirement by the amendment. It is time consuming process. A small entrepreneur is not able to go through all this and feel very reluctant for all this.

  7. Rajesh Bansal says:

    for 24Q we have only one employee whose tds has been deducted. but the system is not accepting one pan details. What’s the remedy?

  8. krishna says:

    we have downloaded, no problem for us

  9. arvind shah says:

    for not crediting tds by sbifor 2011 12 assesment year ito ordered to pay with interest sbi in-spite of writing 5 times since November 2012 wasting energy to go personally still no action in 26as
    frustrating at 76 years old person .
    all ito should be conveyed by cbdt to accept tds as issued by deductor if they have doubt they can telephone or get latter from bank etc as proof instead terrible harassment

  10. Ashu says:

    We had filed a correction return in Oct 2012.The return is being showed as processed in CPC on the NSDL website,but the related form 16As at TRACES still show mismatch in data.We tried contacting TRACES on phone and were told to mail the details.We have sent several mails till date and have not received even a single reply on that.Again tried contacting on phone,no one picks the phone.This is really disgusting.How do we issue the correct form 16A to our deductees?
    The system needs to be changed.The download process at TRACES is also complicated and time consuming .

  11. Manoj Pasari says:

    It is very pertinent point. Onus has been casted on the assessee with no cooresponding responsibility on the department to see that TDS certificate can be generated within maximum of weeks time.

  12. CA Nitul Mehta says:

    We have donwloaded from TRACES many form 16A just yesterday. You can try today.

  13. OM PRAKASH BANKA says:

    yes this is perfectly true, for the fault of department why the assessee should be penalised

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