26AS statement sacrosanct for TDS credit

The department is publicizing that the persons filing the return of income should check your tax credits in 26AS statement before filing IT return for faster processing and quick refunds. Following advisory is on the income tax department’s efiling site.

Taxpayers are advised to verify the tax credits available in 26AS statement before filing the Income Tax Return. It will facilitate faster processing and quick refunds. In order to avoid the TDS mismatch i.e if your claim of TDS is higher than the tax credits available in 26AS statement, please contact the Deductor for filing of the correction TDS statement.

Thus, when the CPC or A.O processes your return finds that the TDS as per your claim is not reflected in the departmental processing software, they do not allow the TDS credit. Consequentially, either your refund claim is reduced or a demand is generated. This is for no fault of your ! 

Ways to Get TDS reflected in 26AS statement

As for the assessment year 2011-12, CBDT has already relaxed the condition by issue of CBDT instruction no 2/2012 for allowing TDS credit while processing the income tax return for assessment year 2011-12 which are not reflected in 26AS statement under certain conditions. However, in most of the case, this instruction will not suffice.

Since the origin of problem is directly linked with the callousness of the bank official (read managers), unless they are compelled to take corrective steps, the problem of TDS credit cannot be solved. So here are the steps to be taken for getting the bank manager to submit a revised TDS statement showing your TDS. If he submit revised TDS statement, the 26AS of your will show the amount of TDS automatically.

Step 1: Write to Bank Manager: 

Write a letter to bank manager, informing him that 26AS is not reflecting the TDS amount from which TDS certificate is issued by him. Therefore, the bank manager should be requested to upload the TDS statement with the Name, PAN and TDS amount as per TDS certificate. Give a copy to the boss of the Bank Manager.

Step 2: Write to Bank Ombudsman & CIT (TDS) 

After one month, if nothing happens, file an application with Banking Ombudsman with your grievance about non reflection of TDs in 26AS and consequential non allowance of td credit by assessing officer. You can get the address of the banking Ombudsman from here.

Additionally, you should write a letter to CIT (TDS) of your city. To know the address of CIT (TDS) either approach the main income tax office or ask any CA or tax practitioner. A sample letter to CIT (TDS) regarding your problem is given below:

To

The CIT (TDS)

……………

Sir,

Sub: Non credit of TDS on account of non filing of TDS statement

Ref” Asst Year……………….

I have filed / to file return of income for aforesaid assessment year. I have claimed TDS credit for Rs …………out of which TDS of Rs…………………was deducted by the Bank manger of XYZ……….Bank having address ………………. The bank manager has issued tax deduction certificate for Rs …………….

However, when I checked for 26AS statement , the said amount of TDS claimed to be deducted by the Bank Manager , is not reflecting in 26AS. I have already requested the Bank vide my letter for filing revised TDS statement vide my letter dt ……….(copy enclosed) . Nothing has been done as I have checked the 26AS statement few days ago and it is still not reflected therein. 

Since, the TDS statement is a requirement under section 20o of the Income Tax Act and the procedure for filing such statement is given in Rule 31A of the Income Tax . Your kind attention is drawn to Clause 4 of the Rule 31A , which is clear about the duty of deductor to provide PAN , Name and amount of TDS related to deductee .The said sub clause is as under: 

(4) The deductor at the time of preparing statements of tax deducted shall,—

(i) quote his tax deduction and collection account number (TAN) in the statement;

(ii) quote his permanent account number (PAN) in the statement except in the case where the deductor is an office of the Government;

(iii) quote the permanent account number of all deductees;

(iv) furnish particulars of the tax paid to the Central Government including book identification number or challan identification number, as the case may be;

(v) furnish particulars of amount paid or credited on which tax was not deducted in view of the issue of certificate of no deduction of tax under section 197 by the Assessing Officer of the payee;

(vi) furnish particulars of amount paid or credited on which tax was not deducted in view of the compliance of provisions of sub-section (6) of section 194C by the payee;

(vii) furnish particulars of amount paid or credited on which tax was not deducted in view of the furnishing of declaration under sub-section (1) or sub-section (1A) or sub-section (IC) of section 197A by the payee. 

Thus, the bank has not followed the Rule 31 of the Income Tax Rule and because of that the problem of tax credit is being faced. Since, the CIT (TDS) is an authority and custodian of income tax law , I request you to help this tax payer by taking appropriate steps and direct the bank manager to do the needful so that I can get Tax Credit. 

Enclosure : as above

Yours faithfully,
XXXXXXX 

Copy: The Bank Manager : For his kind information

In view of the above you are advised to prepare correction statement using consolidated TDS/TCS file provided by TIN.

It is also informed that update of section code in quarterly TDS/TCS statement is allowed in case status of the challan/ transfer voucher is booked/ provisionally booked.

The new facility is available for issue of Form 16A from financial year 2010-11 onwards. The Circular states that Companies, Banks & Deductors engaged in banking business will need to mandatorily issue Form 16A downloaded from the TIN website from FY: 2011-12.

Visit www.tin-nsdl.com for more details

Newly added features in JS@eTDS (F.Y. 2011-12):

• Integrated NSDL FVU
• Auto download of CSI file
• FVU generation in a click
• Data import from FVU files
• Reports in PDF/Excel/Word
• Web based instant updation

Use the JS@eTDS Software for convenient filing of your eTDS and eTCS returns on time. Click here to Order Now

You can also start processing your first quarter returns for F. Y. 2011-12 at no cost using the new Trial Version of JS@eTDS. Click here to download the Trial Version

• It will be mandatory to provide the mobile number of the responsible person
• Currently the system accepts TDS amount without proper calculation of Amount Paid / Credit * TDS Rate. Now, this would be strictly implemented
• Deductee records will have to be flagged to show that the amount paid / credited is below the threshold limit, hence it is without tax deduction at source
• Deductee records will have to be flagged where excess tax has been deducted
• While making correction returns it will now be possible to update the Provisionally Booked Challans that is downloaded from the consolidated statement
• Deductions u/s 80CCF will have to be shown separately in the Salary details as part of Form 24Q
• Downloading of the consolidated statement would be simplified based on suggestions received from all around

Please note that official announcement and system modifications are still to be received from NSDL / Income Tax Dept. Once all details are in place, as usual we shall promptly update JS@eTDS Software (F.Y. 2010-11) to ensure trouble free filing of your TDS / TCS returns.