Sunday, December 29, 2013

[aaykarbhavan] Suggest Remedies of claiming TDS, where Tax has been Deducted by Customer but neither deposited nor TDS return filed.



Dear Members,

Kindly suggest the remedies available in following case based on facts :-

1. My client is a service provider to various companies on contract basis.
2. Such companies deduct TDS on income paid to him u/s 194J.
3. Few of the such companies including some MNCs have deducted Tax on income paid/credited u/s 194J in F Y 2008-09 and F Y 2009-10.
4. Neither TDS certificates were issued nor TDS shown in Form 26AS of respective years. However my client claim such amount in his returs of respective Assesment years.
5. After due enquiries my client got to know that in some cases TDS were deducted but not deposited by companies at all and in some cases TDS deposited by companies but return not filed.
6. Now such companies have denied to return back the amount as deducted or file revised TDS returns.

Thanks n Regards
 
CA Rupak Agarwal
B.Com, FCA, LL.B.
Chartered Accountants
538 ka/1552 Triveni Nagar II
Lucknow-226020
Ph: 0522-2756646, 9839125100


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