Chartered Accountants Phone: 2686 8147
B-49, Gulmohar Park,
MAHESH KAPASI New Delhi-110 049
M. Com., LL.B., FCA, FICWA, FCS
Ex –Member: AMIMA, AMIBM, ACEA (London), MIIA (U.S.A.)
Reference No: Dated: September 29, 2009
Lawyersclubindia.com
Income Tax- Tax Deduction at Source (TDS) -Not assesses’ fault, Sir, why they are suffering?
It is good that the Director of Income Tax (Systems) New Delhi has send E-mail to PAN holders to check their TDS etc as recorded by it (Form 26AS) for AY 2008-09 & 2009-10. Since in most cases all the TDS / tax credits etc by deductors is not reflected as per their E-Mail in most PAN holder cases. It has further asked to intimate differences / tax credits etc not reflected in their statement.
For its correction it says the reason is “The Deductor of TDS ‘has not filed quarterly TDS/TCS return” The corrective action it says “Follow up with deductor / collector to file TDS / TCS return”
For assesses to get it corrected by asking number of deductors of TDS etc is a wholesome, tedious and time consuming process. It is also not the duty and the authority of assesses to ask and suggest the deductors of TDS including some nationalized banks (who are in default) - to file their TDS returns to the authorities-this is the one and main reason that such TDS amount deducted by nationalized banks is not reflected in the PAN holders account in the form 26AS!
For this reason only many of assesses refunds are not send for even A Y 2008-09 Though there are many refund cases for AY 2007-08 for which still assesses have not received their refunds due from Income Tax Department.
For the default of TDS deductors why individual assesses are required to suffer?
It is suggested to allow TDS certificates to be attached with filing of Income Tax Returns for not only AY 2009-10 but also Income Tax Assesses be allowed to file a photocopies of all TDS etc as claimed for AY 2008-09 by giving reference of acknowledgement number / photocopy of their income tax returns filed so that they get their tax credits / refunds due, of course the Income Tax Department can first verify directly the genuineness of such TDS certificates issued by deductors / tax credits i.e., from deductors only and rely on TDS certificates as claimed by assesses as per their copies filed by assesses.
(Mahesh Kapasi)
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