Quoting of wrong pan of receiver of rent in tds return
PRIYANKA
(Querist) 08 April 2013
This query is : Resolved
Wrong PAN entered in TDS return by a company of a person to whom the company pays rent. The PAN entered wrongly, belongs to an another person (Mr. X) who in no ways related to the Company. Due to this mistake of the company that third person's (Mr. X)26 AS reflects the rent credited. Along with the rent the amount of TDS on rent is also appearing in the third person's (Mr. X) 26 AS. Now it came to the knowledge of Mr. X that that IT Deptt. can initiate penalty proceedings against him u/s 271(1)(c). Please guide what are the grounds available with Mr. X to prevent himself from such penal proceedings. He already approached that company for filing its revised TDS return. The company, even after written confirmation, have not yet taken this step of filing revised return.
Raj Kumar Makkad
(Expert) 08 April 2013
Until and unless revised return filing is not ensured, the danger of penalty shall remain intact.
PRIYANKA
(Querist) 11 April 2013
Thanks for the replies.
Pls suggest, if there's any specific section(s)under Income Tax Act which imposes penalty for such wrong filing of TDS return.
Here the person whose PAN has been quoted wrongly is appearing as the deductor, who had actually neither received any rent from the company nor deducted any TDS and the Company who had wrongly mentioned his PAN have not yet filed the revised TDS return even on the regular request of the aggrieved.
Thanks in anticipation.
PRIYANKA
(Querist) 11 April 2013
Thanks for the replies.
Pls suggest, if there's any specific section(s)under Income Tax Act which imposes penalty for such wrong filing of TDS return.
Here the person whose PAN has been quoted wrongly is appearing as the deductor, who had actually neither received any rent from the company nor deducted any TDS and the Company who had wrongly mentioned his PAN have not yet filed the revised TDS return even on the regular request of the aggrieved.
Thanks in anticipation.
R.K Nanda
(Expert) 13 April 2013
contact local lawyer.
