Bookmarks   Feedback   Annual Subscription   New User   Login  
Tax Management India .com   
   TMI - Tax Management India. Com   
AO cannot re-open assessment merely for non filing of ITR unless the total income is exceeding maximum amount which is not chargeable to tax    *    Whether the service of a copy of the order by Speed Post, would constitute valid service under Customs Act, 1962? - Held Yes - HC    *    Donation to political party - Return filed with Election Commission, indicate the name and donor details - Deduction u/s 80GGC allowed - Tri    *    CENVAT CREDIT    *    Cenvat Credit - refund - export of services - The registration is not the sole criteria for granting refund, so long the other conditions are satisfied, refund shall be granted - Tri    *    CENVAT credit – demo cars – capital goods – input – nothing is demonstrated today that a demo car falls in any of the Chapters dealing with capital goods - credit cannot be allowed - Tri    *    Period of limitation - in case duty was required to be paid on the strips, the appellant was entitled to avail credit of duty paid on the granules, which would have neutralized the entire demand on the strips - in this Revenue neutrally background, there could be no malafide on the part of the appellant to evade duty - Tri    *    Validity of statutory provisions - Imposition of penalty on company and directors - he legislature while in view of such situation has granted discretion to the executive, at the same time, provided for sufficient guidelines and safeguards so that such discretion does not convert into arbitrary or discretionary exercise of powers - HC    *    Strengthening Our Debt Markets (Dr. Raghuram G. Rajan, Governor - August 26, 2016 - at Annual Day Address to Foreign Exchange Dealers Association of India, Mumbai)    *    Violation of Clause 49 of the Listing Agreement - whole Time Director chaired the Audit Committee Meeting - levy of penalty of ₹ 5 lac cannot be said to unreasonable or excessive - SAT    *    Tribunal was right in confirming the set-off of MAT Credit under Section 115JAA brought forward from earlier years against tax on total income including surcharge and education cess instead of adjusting the same from tax on total income before charging such surcharge and education cess - HC    *    TDS liability - period of limitation - It is true that the Court cannot legislate the Act, however, the Assessing Officer also cannot be given unfettered powers, which he can exercise even beyond the reasonable period of four years. - HC    *    Waiver or reduction of interest - Application u/s 220(2A) - It has also to be verified whether the default in payment of the amount was due to the circumstances beyond the control of the assessee and the assessee has cooperated with the enquiry. - CIT to reconsider the matter - HC    *    Merchandise Exports from India Scheme (MEIS) - Addition in Table 2 [containing ITC (HS) code wise list of products with reward rates] of Appendix 3B    *    Depreciation (while claiming deduction u/s.80IA) is optional to the assessee and that once the assessee chooses not to claim it, the AO cannot allow while computing the income. - HC    *    Streamlining the process of No Objection Certificate (NOC), Port Clearance Certificate (PCC), voyage return and voyage assessment in the case of Foreign Shipping Companies (FSCs)    *    TCS - scrap generated from the mechanical working of the material (breaking of the ship) - The assessee is duty bound to collect the TCS from the buyers in terms of Section 206C of the Act.- Tri    *    Taxability of capital gains - even though the assessee is shown as the co-owner of the said property, the source of funds for investment in purchase of the said property is by the assessee’s husband - taxable in the hands of husband not the assessee - Tri    *    Audit by department: Justified or not?    *    Regarding cenvat credit on service tax on rent a cab    *    Constitution of Grievance Redressal Committee    *    Commerce Secretary’s Discussions through DVC with Indian Ambassadors in European Countries on Trade Issues    *    Seeks to further amend notification No.12/2012-Central Excise dated 17.03.2012 so as to levy Basic Excise Duty at a concessional rate of 2% on Aviation Turbine Fuel drawn by operators or cargo operators from the Regional Connectivity Scheme (RCS) airports for a period of 3 years
Discussions Forum
Home Forum Income Tax
← Previous Next →

Tds has been deducted but not deposited -consequences - Income Tax

#1 Issue Id: - 1238
Dated: 4-6-2009
By:- Narasimha Subramanian
Tds has been deducted but not deposited -consequences

  • Forum

We have given oneo of our buidlings on rent to a tenant. The tenant has been paying us rent deducting TDS. Now, we find that the tenant has not been paying TDS to the department for the last one year. Now, our accounts are being audited for the last FY and we have not received TDS Certificate from the tenant. What should be our action on the same and what would be our liability?

Post Reply

Posts / Replies


#2 Dated: 4-6-2009
By:- Ravi Chopra

You may file a complaint against the tenant with the income tax department. You may also file a suit in against the tenant for breach of contract. In income tax act also there are various stringent provision and the defaulter of TDS. See the provisions of section 276BB. "If a person fails to pay to the credit of the Central Government, the tax collected by him as required under the provisions of section 206C, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine."

#3 Dated: 5-6-2009
By:- Narasimha Subramanian
The tenant has deducted the TDS and not paid to the department. Based on their deductions, we paid that much amount short while paying advance tax. Now, the annual TDS amount that is deducted and not paid to the department is to the tune of more than 25L. Does this not mean that I have paid 25L short in my advance tax to the department and should I be paying this amount to the department? I need clarification on the monetary aspect and our liability. I understand we can file case against them or there is very stringent law for taking action on them. But, who is responsible and should pay that TDS amount to the department?
#4 Dated: 6-6-2009
By:- Narasimha Subramanian

I am rephrasing my question which is as below: TDS is regularly deducted by a tenant on the rent paid by him, and the amount so deducted has not been paid to the Government. Therefore we are unable to get the TDS Certificate from the deductor in spite of several reminders. There is a provision in the IT Act, U/s 272A (2) for imposing penalty for non issuance of the TDS Certificate to the Deductee, by the Additional Commissioner-TDS Wing. There also appears to be a provision in the Act for Imprisonment of the deductor for non issue of TDS Certificate. The point for clarification is, whether the Deductee can take credit of the amount so deducted in arriving at the “Tax Payable”, in the absence of TDS Certificate, and if so what is the procedure to be followed. Further, when there is a provision for penalizing the defaulter (deductor) for non payment of the deducted tax to the government and non-issue of TDS Certificate, there appears to be no protection to the deductee (Assessee) for taking credit of the amount so deducted in claiming relief to that extent.

#5 Dated: 20-6-2011

I am in the same situation where the tenant has deducted TDS but not paid to the dept. How did you solve your problem? Pls advice asap

Vidya, Bangalore

Post Reply


← Previous Next →
what is new what is new

Advanced Search

Latest Updates




More Options


|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map || ||

© [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version