What to do if Form 16 Show TDS Deduct & Form 26AS not?

This is the Financial Year End month
and thus every Taxpayee wants to match Tax Credit Statement (Form 26AS) before
submission of Annual Income Tax Return to Assessing Officer, Income Tax.
If tax credit statement not match by
the Taxpayee, it is more difficult comply paid Tax/TDS which are deducted by
Deductor or Employee as well as in case if the Tax payee get refund that time Taxpayee face the problem
to get proper Refund.  Due to this problem every taxpayee want to register
PAN with
TRACES, although more taxpayee did not registered with them.  Therefore,
for those the Taxpayee who did not registered with TRACES they can adopt the following
procedure to check their Tax Credit (Form 26AS Statement
without PAN Registration.


Login to TRACES web site www.tdscpc.gov.in.

Mandatory Fields to check Tax Credit Statement:
·                    
PAN of
Deductee*
·                    
TAN of
Deductor*
·                    
Financial
Year*
·                    
Quarter*
·                    
Type of
Return*
or
Click
Here
 and Enter correct information in Mandatory Fields.
The duty of TDS or TAX Deductor is bounded
to :
·                    
Deposit the
tax deducted at source within prescribed time to the Government Treasury.
·                    
File the
Quarterly TDS return in respect of the Tax Deducted
·                    
Issue the
TDS Certificate to the Deductee within a prescribed time.
For non compliance of each and every
part mentioned above, there is a separate penalty and consequences under the
Income Tax Act-1961 as under:
1.    
For non
issuance of TDS Certificate within a prescribed time, penalty is imposable u/s
272A (2) @ Rs. 100/- per day during which the failure continues. However, the
amount of penalty cannot exceed the amount of tax deductible/deducted.
2.    
For non
filing of TDS Return also, there is a penalty provision of Rs 100 per day. The
recent Finance Act-2012 has imposed a fee of Rs. 200/- per day for late filing
of TDS Return. Besides, a penalty of Rs. 10,000/- to Rs. 1,00,000/- is there
for non filing or inaccurate filing of TDS return. The amendment is w.e.f 
01.07.2012.
Without Quarterly TDS Return being
filed by the Deductor, you will not be entitled for the Tax Credit in respect
of TDS done from payment made to you. Also, unless and until the TDS return is
filed by the Deductor, deductee will not be able to view the TDS Credit in Form No. 26AS.

There is a general grievance that in many cases the Bank and other Tax Deductor
are either not filing the quarterly TDS return (or are not issuing the TDS
certificate) despite many requests & reminders by the Deductees.

In such cases, Deductee can follow
the 
following
approach:
Write a
letter 
to the
Deductor incorporating:
·                    
The details
of payments done and the tax deducted there from.
·                    
Provision of
Section 203 which requires the Deductor for issue of tax certificate within one
month from the date of tax         deduction
·                    
Keep the
proof of letter issued to the Deductor
·                    
If despite
this, the certificate is not issued, write a letter to Joint Commissioner or Addl. CIT of TDS wing who has
               jurisdiction over the
Deductor mentioning the detailed facts elaborated above.

We advise all our readers to
regularly track all the tax deducted & deposited in your account [i.e. Tax
Credit in Form No. 26AS] by registering your PAN at www.incometaxindia.gov.in. In the absence
of availability of TDS in form No. 26AS it would be difficult for the Assessing Officer
to grant the TDS Credit.
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