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Showing posts with label Duplicate TDS Certificate. Show all posts
Showing posts with label Duplicate TDS Certificate. Show all posts

Salary Details - Part "B" of Form 16 for Salaried Employee

Salary Details (Annexure II) : Form 24Q-Q4

Vide Notification No. 36/2019 by the Income Tax Department it had substantially modified the format of Part B of Form 16 (Salary TDS Certificate given to Employees) with effect from FY:18-19. Correspondingly, the information to be provided by the employer in Annexure II of Form 24Q-Q4 (Salary Details – providing tax computation of each employee) had also been changed. This came into effect for all Salary TDS Returns (Form 24Q) for FY:2018-19, Quarter 4.

Objective of the Department seems to consolidate information pertaining to the most frequently exercised exemptions & deductions being considered while determining the taxable income.

Highlights:

Break up of Salary and details of exemptions u/s 10 to determine the Total Salary (earlier  only Total Salary had to be provided)

Standard Deduction u/s 16(ia) has been included (this is new provision applicable from  FY-18-19 onwards)


Break up of Other Income (Other than Salary) – in two broad heads; Income / Loss from House Property and any other Income clubbed together (earlier this was one consolidated value)

Detailed breakup of deductions under Chapter VI (earlier it was only in two broad      categories – all sections with a consolidated cap of Rs. 1,50,000 and rest of the sections altogether)

Source: TDS Man

CBDT issued 2nd Round Appreciation Certificates to Tax Payers for Asstt. Year 2016-17

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

25th October, 2016

Press Release

Sub: CBDT issues second round of Certificates of Appreciation to tax payers for their contribution towards Nation building.

The Honourable Finance Minister Shri Arun Jaitley, had personally handed over certificates to a few individuals at North Block to commence the program of taxpayer appreciation on 19th September, 2016. The Central Board of Direct Taxes has sent out such certificates of appreciation to 8.43 Lakh individual tax payers by e-mail in the following categories on the basis of the taxes paid by them for the Assessment Year 2016-17 :

i. Platinum : Tax contributed Rs. 1 Crore and above
ii. Gold : Tax contributed Rs. 50 Lakh to Rs. 1 Crore
iii. Silver : Tax contributed Rs. 10 Lakh to Rs.50 Lakh
iv. Bronze : Tax contributed Rs. 1 Lakh to Rs.10 Lakh

Taxpayers have lauded this new initiative and have reacted with pride and satisfaction that their contribution towards spending on various infrastructure development, social sector & welfare schemes out of revenues mobilized through tax payments have been acknowledged.

In continuation of the initiative, CBDT has started issuing the second round of Certificates to another 10.15 Lakh tax payers. While the earlier set of certificates had mostly included individuals who e-verified their returns, the second phase will cover those individuals who have filed their returns within the due date and their ITR-V has been received well before the 120 day period for submission provided under the Income Tax Act.

The CBDT urges taxpayers to e-file their returns in time and verify their return by submitting the Electronic Verification Code online or sending their ITR-V within the 120 day period so that they can also be acknowledged for their contribution. The Department is committed to continuous improvement of taxpayer services and seeks the cooperation of all taxpayers in contributing their fair share of taxes voluntarily.

(Meenakshi Goswami)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT.

Certificates of Appreciation will be issued to Nation Building Individual Taxpayers - CBDT

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

Sub: Finance Minister conveys Government’s Appreciation to tax payers for their contribution towards Nation building.

The Government acknowledges the contribution of individual tax payers in paying taxes within the prescribed time and prompt filing of Income Tax Returns. The Honourable Finance Minister, Shri Arun Jaitley today handed over certificates of appreciation issued by CBDT honoring select tax payers for such contribution. While it is widely acknowledged that the Nation meets its obligations towards spending in various social sector and welfare schemes and infrastructure development out of revenues mobilized through tax payments by millions of honest tax payers, this step marks the first effort by the Government to directly communicate to the tax payer its appreciation for that contribution.

CBDT will be sending out such certificates of appreciation to individual tax payers by e-mail in various categories on the basis of the level of taxes paid by them for the current Assessment Year 2016-17 where taxes have been paid in full and tax payers have no outstanding tax liabilities and where the return is e-filed within the prescribed due date. The tax payers may display these certificates in their homes / offices.

The categories for individual taxpayers and the number of certificates being issued in the first round are:

i. Platinum : Tax contributed Rs. 1 Crore and above
ii. Gold : Tax contributed Rs. 50Lakh to Rs. 1 Crore
iii. Silver : Tax contributed Rs. 10Lakh to Rs.50 Lakh
iv. Bronze : Tax contributed Rs. 1Lakh to Rs.10 Lakh

The CBDT urges taxpayers to e-file their returns in time and verify their return by submitting the Electronic Verification Code online or sending their ITR-V within the 120 day period so that they can be also acknowledged for their contribution.

The Department is committed to continuous improvement of taxpayer services and seeks the cooperation of all taxpayers in contributing their fair share of taxes voluntarily.

Source : www.caclubindia.com

How to Download TDS Certificate in Form 16B?

Government has made it mandatory w.e.f 01.06.2013 on buyer of property to deduct TDS @ 1% on payment made after 01.06.2013 if Purchase Consideration of the Property exceeds Rs. 50 Lakh. 

Deductor can pay such TDS by any of the following mode:-

Either make the payment online (through e-tax payment option) immediately or make the payment subsequently through e-tax payment option (net-banking account) or by visiting any of the authorized Bank branches. However, such bank branches will make e-payment without digitization of any challan. The bank will get the challan details from the online form filled on www.tin-nsdl.com.

Once the Payment is made now the dedcuctor is required to issue TDS certificate in form 16B to the seller of the Property. Now the question is how to prepare or from where deductor can get such certificate for the purpose of issue to the seller? Answer is deductor can download such certificate from Traces website and issue to the seller.

Procedure to Download TDS certificate in form 16B is as follows:-

1. Login to:

https://www.tdscpc.gov.in/en/deductor-home.html

2. Click on Register New User and you will be asked to provide basic details such as your
  • PAN
  • Date of Birth
  • Last, Middle and First Name and would also be required to further validate details of either tax deducted (option 1) or tax paid by you (option 2).
3. On Validation of details, your account will be created.  User ID by default would be your PAN, You would have the option of providing Pass word of your choice.  A email would be automatically generated providing you an activation link with a second code being text on your mobile.  Having activated your account, it is now ready to be used.  Services currently available are view 26AS statement and down load Form 16B in case you are the buyer of immovable Properties.  May be in near future you are able to download your Form 16 or 16A also through this window.

To download form 16B, go to download, click on request for form 16B, validate details and submit your request.  After some time the same shall be available under download menu. Click on download, click of available and download and save it your computer.

Print, sign and deliver it to the seller.

Source: TDSMAN

How to issue no Deduction/Collection of TAX or Deduction/Collection of Tax at Lower Rates u/s. 197/206C of I.T.Act ?

In accordance with letter of Directorate of Income Tax (System) regarding issuing certificates for no deduction/collection of tax or deduction/collection of tax at lower rates under section 197/206C of the Income Tax Act.

Important points to Issue of TDS/TCS Certificates :
Sections 197/206C of the Income Tax Act provide for issue of certificates for no deduction/collection of tax or for deduction/collection of tax at lower rates by Assessing Officers. At present, such certificates are being issued manually.

With a view to ensure that no deduction/collection of tax or deduction/collection of tax at lower rate is made by the deductor only on  the basis of a certificate issued by the Assessing Officer and also to verify the lower rate authorized by the Assessing Officer, a new functionally has been provided in the TDS module of the ITD application for issue of TDS/TCS certificates under section 197/206C(9).

Functionality has also been provided to cancel the certificates issued.

Privilege to issue the certificates/collection has been given to the ITO(TDS) as mentioned in Notification No. 224 dated 10.08.2007.

An All India Unique Certificate Number will be generated and printed on the certificate issued.  This number would be unique across RCCs and would be validated at the time of processing of the TDS/TCS returns for verifying the rate at which tax was authorized to be deducted/collected at source.

Further, since the Finance (No.2) Bill, 2009 proposes to make quoting of PAN mandatory for issue of TDS/TCS certificates under section 197/206C(9), the software has been modified to make the field of PAN of applicant mandatory.

In view of the emphasis on tracking of such certificate it is suggested that manual issue of such certificates could be discountined and only certificates issued as per the prescribed procedure be taken cognizance of.

Annexure of TDS Instruction No. 36  (Click Here)

Important Information about Downloading of TDS Certificates For A.Y. 2015-16

Given below are some important information regarding downloading of TDS certificates. Refer to the following provisions of the Income Tax Act, 1961:

Downloading of TDS Certificates from TRACES made mandatory:   

In this regard, your attention is invited to the CBDT circulars 04/2013 dated 17.04.2013, No. 03/2011 dated 13.05.2011 and No. 01/2012 dated 09.04.2012 on the Issuance of certificate for Tax Deducted at Source in Form 16/16A as per IT Rules 1962. It is now mandatory for all deductors to issue TDS certificates after generating and downloading the same from “TDS Reconciliation Analysis and Correction Enabling System” or http://www.tdscpc.gov.in (hereinafter called TRACES Portal).

TDS Certificates downloaded only from TRACES hold valid: 

In view of above circulars, it may kindly be noted that the TDS Certificates downloaded only from TRACES Portal will be valid. Certificates issued in any other form or manner will not comply to the requirements referred in the Income-tax Act 1961 read with relevant Rules and Circulars issued in this behalf from time to time.

Due Date for downloading and Penalty for non-compliance: 

Please be advised that under the provisions of section 203 of the Income Tax Act, 1961 read with rule 31A, Certificate of tax deducted at source is to be furnished within fifteen (15) days from the due date for furnishing the statement of tax deducted at source. Failure to comply with the provisions of the Act will attract penalty under the provisions of section 272A of the Act, a sum of one hundred rupees for every day during which the failure continues.

Assistance for downloading TDS Certificates from TRACES: 

You can logon to TRACES portal http://www.tdscpc.gov.in and refer to TRACES e-Tutorial https://www.tdscpc.gov.in/en/download-form16a-etutorial.html to download TDS Certificates. For any further assistance, you can also write to ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.

Rights of Employees & Others TDS Deductees and Duties of TDS Deductors.

There are some rights of Employee and Other TDS Deductees whose Tax Deduct on their Income of Salary or Other Source of Income as Interest as well as Duties of TDS Deductors which are as under :

Credit of TDS - If tax has been deducted at source u/s 192 to 194 A/B/BB/C/ D/E/EE/F/G/H/I/J/K, 195, 196A/B/C and D, the person from whose income (payment) the tax has been deducted i.e. Payee or assessee shall not be asked upon to pay the tax himself to the extent tax has been deducted (Sec.205). Moreover u/s 199 such tax deducted at source shall be treated as payment of tax on behalf of the payee (assessee).

TDS Certificate - U/s 203 payee (tax payer) is entitled to obtain a certificate from the payer (tax deductor) in Form 16-A specifying the amount of tax deducted and other prescribed particulars.

Form 26AS - As per section 203AA the prescribed income tax authority or the person authorized by such authority (as referred in section 200(3))will be required to deliver to the person from whose income the tax has been deducted/paid, a statement of deduction of tax in the prescribed form. Such statement as per rule 31AB will be required to be furnished in Form no.26AS by the 31st July following the financial year during which the taxes were deducted/paid (also refer Notification no. 928 E dt. 30.6.2005 of CBDT).

Deduct Tax at Correct Rate and deposit in Government Account – Sec. 200

Every person responsible for deducting tax at source shall at the time of payment or credit of income, whichever is earlier, verify whether the payment being made is to be subject to deduction of tax at source. If it is so, he must deduct such tax as per the prescribed rates. Further he is required to deposit such tax deducted in the Central Government Account within the prescribed time as specified in Rule 30.

Issue a TDS certificate

Further, such person is required to issue a certificate of tax deduction at source u/s 203 to the person from whose income the TDS has been done, in the prescribed proforma i.e. Form No.16A within prescribed time(as discussed earlier).

File Prescribed Return/Quarterly Statement

A return of TDS is a comprehensive statement containing details of payments made and taxes deducted thereon along with other prescribed details. For deductions made prior to 01.04.2005 earlier every deductor was required as per the provisions of Section 206 (read with Rule 36A and 37) to prepare and deliver an annual return, of tax deducted at source. However w.e.f. 01.04.2005 there is no requirement to file annual returns and instead Quarterly statements of TDS are to be submitted in form 26Q by the deductors. 

Source: www.tdsman.com

Downloading of TDS Certificates from TRACES made mandatory.

As per the records of Centralized Processing Cell (TDS), the TDS Statements have been filed by you for different quarters and you are requested to download TDS Certificates (Forms 16/ 16A) from our portal. Please refer to the following provisions of the Income Tax Act, 1961:

Downloading of TDS Certificates from TRACES made mandatory:
In this regard, your attention is invited to the CBDT circulars 04/2013 dated 17.04.2013, No. 03/2011 dated 13.05.2011 and No. 01/2012 dated 09.04.2012 on the Issuance of certificate for Tax Deducted at Source in Form 16/16A as per IT Rules 1962. It is now mandatory for all deductors to issue TDS certificates after generating and downloading the same from "TDS Reconciliation Analysis and Correction Enabling System" or http://www.tdscpc.gov.in (hereinafter called TRACES Portal).

TDS Certificates downloaded only from TRACES hold valid:
In view of above circulars, it may kindly be noted that the TDS Certificates downloaded only from TRACES Portal will be valid. Certificates issued in any other form or manner will not comply to the requirements referred in the Income-tax Act 1961 read with relevant Rules and Circulars issued in this behalf from time to time.

Due Date for downloading and Penalty for non-compliance:
Please be advised that under the provisions of section 203 of the Income Tax Act, 1961 read with rule 31A, Certificate of tax deducted at source is to be furnished within fifteen (15) days from the due date for furnishing the statement of tax deducted at source. Failure to comply with the provisions of the Act will attract penalty under the provisions of section 272A of the Act, a sum of one hundred rupees for every day during which the failure continues.

Assistance for downloading TDS Certificates from TRACES:
You can logon to our portal http://www.tdscpc.gov.in and refer to our e-Tutorial e-tutorial to download TDS Certificates. For any further assistance, you can also write to ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.

CPC (TDS) is committed to provide best possible services to you.

CPC (TDS) TEAM

Important Notes while issuing Form 16 u/s. 192 to Salaries Employee by TDS Deductor for Asstt. Year 2013-14

Form No. 16 means, a TDS Certificate issued by Employer or TDS Deductor to Salaried Employee. Employer stating the details of the salary in prescribe format i.e. Basic, GradePay/AGP, D.A., HRA, CLA/TA/Conv. Allow., Special Pay, NHRA, City Allowance, Other Allow. if any, which are to Employee from the month of March to February in the Current Financial Year. And Tax deducted as TDS on monthly Earned Salary to the Central Government.

Important Notes while issuing Form 16 by TDS Deductor:
  • If employer has issued Form 16, then he has certainly deducted TDS. 
  • The certificate mentions the name of the bank & branch, BSR code, date of deposit of tax, serial no. of challan and amount of tax. 
  • That is the purpose of the certificate. It is not possible to ascertain the accurateness of the tax calculation with the data provided.

TDS From Salaries (section 192).
The TDS is based on the tax at the applicable rate on the estimated income of employee for the year. Employer must not deduct TDS on all the non-taxable allowances like conveyance allowance, rent allowance, medical allowance.

Eligible Deductions:
  • The deductible investments under sections like 80C, 80CC, 80D, 80DD, 80DDB, 80E, 80GG and 80U. No tax is required to be deducted from source unless the estimated salary exceeds the amount not chargeable to tax. 
  • The employer can increase or decrease the amount to be deducted to make the adjustments for any previous deficiency or excess deduction.

How to Furnish TDS Certificate in Asstt. Year 2013-14?

4.6 Furnishing of Certificate for Tax Deducted (Section 203):
4.6.1 Section 203 requires the DDO to furnish to the employee a certificate in Form 16 detailing the amount of TDS and certain other particulars. The Act stipulates that the Form 16 should be furnished to the employee by 31st May after the end of the financial year in which the income was paid and tax deducted. Even the banks deducting tax at the time of payment of pension are required to issue such certificates. Revised Form 16 annexed to Notification dated 31-5-2010 is enclosed. The certificate in Form 16 shall specify
(a)  Valid permanent account number (PAN) of the deductee;
(b)  Valid tax deduction and collection account number (TAN) of the deductor;
(c)  (i) Book identification number or numbers (BIN) where deposit of tax deducted is without production of challan in case of an office of the Government;
(ii) Challan identification number or numbers (CIN*) in case of payment through bank.
(d)  Receipt numbers of all the relevant quarterly statements in case the statement referred to in clause (i) is for tax deducted at source from income chargeable under the head "Salaries". The receipt number of the quarterly statement is of 8 digit.
It may be noted that under the new TDS procedure, the accuracy and availability of TAN, PAN and receipt number of TDS statement filed by the deductor will be unique identifier for granting online credit for TDS. Hence due care should be taken in filling these particulars.
Due care should be also be taken in indicating correct CIN/ BIN in TDS certificate.
If the DDO fails to issue these certificates to the person concerned, as required by section 203, he will be liable to pay, by way of penalty, under section 272A(2)(g), a sum which shall be Rs. 100/-for every day during which the failure continues.
It is, however, clarified that there is no obligation to issue the TDS certificate in case tax at source is not deductible/deducted by virtue of claims of exemptions and deductions.
4.6.2 If an assessee is employed by more than one employer during the year, each of the employers shall issue Part A of the certificate in Form No. 16 pertaining to the period for which such assessee was employed with each of the employers and Part B may be issued by each of the employers or the last employer at the option of the assessee.
4.6.3 The employer may issue a duplicate certificate in Form No. 16 if the deductee has lost the original certificate so issued and makes a request for issuance of a duplicate certificate and such duplicate certificate is certified as duplicate by the deductor.
4.6.4. Authentication by Digital Signatures:
(i)  Where a certificate is to be furnished in Form No. 16, the deductor may, at his option, use digital signatures** to authenticate such certificates.
(ii)  In case of certificates issued under clause (i), the deductor shall ensure that
 (a)  the conditions prescribed in para 4.6.1 above are complied with;
 (b)  once the certificate is digitally signed, the contents of the certificates are not amenable to change; and
 (c)  the certificates have a control number and a log of such certificates is maintained by the deductor.
Challan identification number (CIN) means the number comprising the Basic Statistical Returns (BSR) Code of the Bank branch where the tax has been deposited, the date on which the tax has been deposited and challan serial number given by the bank.
  •  The digital signature is being used to authenticate most of the e-transactions on the internet as transmission of information using digital signature is failsafe. It saves time specially in organisations having large number of employees where issuance of certificate of deduction of tax with manual signature is time consuming (Circular no. 2 of 2007, dated 21-5-2007)
4.6.5. Furnishing of particulars pertaining to perquisites, etc (Section 192(2C):
4.6.5.1 As per section 192(2C), the responsibility of providing correct and complete particulars of perquisites or profits in lieu of salary given to an employee is placed on the person responsible for paying such income i.e., the person responsible for deducting tax at source. The form and manner of such particulars are prescribed in Rule 26A, Form 12BA and Form 16 of the Rules. Information relating to the nature and value of perquisites is to be provided by the employer in Form 12BA in case salary paid or payable is above Rs.2,00,000/-. In other cases, the information would have to be provided by the employer in Form 16 itself.
4.6.5.2 An employer, who has paid the tax on perquisites on behalf of the employee as per the provisions discussed in paras 3.2 and 3.3 of this circular, shall furnish to the employee concerned, a certificate to the effect that tax has been paid to the Central Government and specify the amount so paid, the rate at which tax has been paid and certain other particulars in the amended Form 16.
4.6.5.3 The obligation cast on the employer under Section 192(2C) for furnishing a statement showing the value of perquisites provided to the employee is a crucial responsibility of the employer, which is expected to be discharged in accordance with law and rules of valuation framed there under. Any false information, fabricated documentation or suppression of requisite information will entail consequences thereof provided under the law. The certificates in Forms 16 and/or Rule 12BA specified above, shall be furnished to the employee by 31st May of the financial year immediately following the financial year in which the income was paid and tax deducted. If he fails to issue these certificates to the person concerned, as required by section 192(2C), he will be liable to pay, by way of penalty, under section 272A(2)(i), a sum which shall be Rs. 100/- for every day during which the failure continues.

E-filing of Income Tax Return without TDS Certificate Number in Form 16A.

In Form No. 16A, TDS Certificate Number is required to be furnished in the Table Sr. No. 24, Column No. 5. in 6 (Six) Character Alpha No. while e-filing of Income Tax Return. In this regard Assessee/Taxpayee can e-file the return without quoting the Alpha character certificate number also. Quoting of the six character Alpha TDS Certificate number generated by the NSDL, as mentioned on the right top side of the TDS Certificate is not mandatory in Column No. 5. The return could be validated & uploaded without quoting of this alpha character certificate number.

Income Tax department has inserted this column to educate and digest these new features by all taxpayer in voluntary manner so that there is a smooth run when this field is declared as mandatory field and Income tax department is planning to do so from Financial Year 2012-13 and Assessment year 2013-14. The non acceptance of the alpha character certificate number could be due to the usage of old forms or software from registered taxpayee/assessee with Income Tax Department. If Taxpayee wish to file the return only by quoting the Certificate Number, then assessee may try further by uploading the return using the latest schema of the form from www.incometaxindiaefiling.gov.in of Income Tax Department.

Complete procedure to Download Form-16 and Form 16-A from TIN-NSDL website.

On payment of Contractor, Publisher, Ad-Service Provider etc. above Rs. 20000/- in the financial year, then the TDS is must be deducted under section 94J, 94C as well as TDS on Salary must be deducted by employer from salaried employee u/s. 192. After deducting the tax the responsibility of Tax Deductor is that to submit Income Tax Return Quarterly in 26Q or 24Q in electronic Form (e-TDS Return). Now with the help of this data uploaded by you, Form No. 16A can be generated from TIN-NSDL site. It has been made compulsory by the Income Tax Department for all deductors to issue Form 16A generated through TIN-NSDL site. A Circular in this regard has been issued by the Department bearing no. 1/2012 dated 09/04/2012. It has been mandatory from 01/04/2012. Earlier in the Financial Year 2011-12 it was mandatory for Companies and Banks to issue Form 16A form TIN-NSDL site to their deductors from whom payments they have deducted TAX. So from now onward everyone should know the process ".

How to Download Form 16A from the TIN-NSDL site?

First of all you have to register your TAN at the TIN-NSDL site if it is not already registered. After making registration Log in to your account and follow the below procedure :

Login at tin-nsdl.com to your TAN Account as shown below-
On the Next screen it will ask the Login Details like as User ID, Password and TAN.

You can request for for Form 16 or Form 16A as per your requirement from the TDS Certificate button as shown in the below picture.

Some Details will be required Like as Token Provisional Receipt Number (PRN), QTR-1,QTR-2,QTR-3 or QTR-4 (as applicable), Financial Year. After entering these details click on the submit Button.

After entereing these details the next screen will ask the details as given in the picture below:
And the second question as below

The next screen will show you to Download the Required Form 16 or Form 16A

Your request has been registered against Ref. No. ......... Form 16/Form 16A will be emailed to your registered e-mail ID within 48 hours.

TDS From Salaries u/s. 192 i.e. Form 16.

Form No. 16 means it is a certificate issued to Salaried Employee by TDS Tax Deductor Employer stating the details of the salary you have earned and the tax deducted on your behalf and paid to the government. If employer has issued Form 16, then he has certainly deducted TDS. The certificate mentions the name of the bank & branch, BSR code, date of deposit of tax, serial no. of challan and amount of tax. That is the purpose of the certificate. It is not possible to ascertain the accurateness of the tax calculation with the data provided.
TDS From Salaries (section 192).
The TDS is based on the tax at the applicable rate on the estimated income of employee for the year. Employer must not deduct TDS on all the non-taxable allowances like conveyance allowance, rent allowance, medical allowance and the deductible investments under sections like 80C, 80CC, 80D, 80DD, 80DDB, 80E, 80GG and 80U. No tax is required to be deducted from source unless the estimated salary exceeds the amount not chargeable to tax. The employer can increase or decrease the amount to be deducted to make the adjustments for any previous deficiency or excess deduction.

Where you lunch Complaint if TDS Deductor not issue TDS Certificate (Form 16) as per Income Tax Act, 1961.

Dear visitors, on the post "Is there any provision to punish the Tax Deductor when will not issue TDS certificate (Form 16/16A) within time as per Income Tax Act, 1961." of this blog Mr. Pranab Banerjee comment that where I launch the complaint if TDS Deductor not issue TDS Certificate (Form 16) what will do taxpayee.

Mr. Pranab Banerjee comments that If any employer could not given the Form 16 to their employee, then what will be the Tax Payee and how & where he can complain for non-submit the Form 16. The Form 16 is unique as well as the Tax Return who's Tax Liability below 5,000/-, even the many Tax Payee have not got their Form 16 from their employer and they suffer for taken loan from Bank. How to solve this problem. As per the Tax law it is found the Deductor or Employer can be punished for non submission of Form 16 to their employee @ 100/- P.M. But many of employer ignore to disposed off the Form 16 in due time. Please give some details about how and where the Tax payee can claim the form 16, if the Employer refused to give the Form 16.

Our opinion:
Write a letter to the Deductor incorporating:
  • The details of payments done to you 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.

Do you want to complaint Click Here.

After Submitting Form No. 15G/15H with the bank then after deduction of TDS on interest of Depositor is wrong or correct.

TDS Deduction on interest income of Depositor if mendatory then why Income Tax Department issue Form 15G or 15H. For what we use Form No. 15H/15G, the some conclusion are given bellow by Chartered Accountants.

The person deducting the tax at source is duty bound 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:
  • 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.
  • For non filing of TDS Return also, there is a penalty provision of Rs 100 per day.
[The recent Finance Bill-2012 has proposed 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 proposed for non filing or inaccurate filing of TDS return. The amendment is proposed w.e.f 01.07.2012].

Without Quarterly TDS Return being filed by the Deductor, taxpayee/Tax Deductee 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.

All the tax deducted & deposited in taxpayee account i.e. Tax Credit in Form No. 26AS should be check by registering 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.

Important 11 points while Converting ".TXT" or ".Zip" File of Form 16 & 16A into ".PDF" File.


As you know, Tin.nsdl has provided the complete procedure to convert form 16 and 16A zip file/text file to pdf file. Now a days many taxpayee are in big confusion about this issue as the form 16 and 16A are available to download from the tin website but converting the file to pdf was not easy. Therefore, I would like to share the complete procedure to convert form 16 and 16a zip file to pdf file.

Important 11 Points to Convert Form 16 & 16A zip file to Pdf File: 
  1. Extract Zip file containing TDS certificate data in text form by using WinZip version 9.0 and above, WinRaR version 3.90 and above and 7-Zip version 4.65 and above.
  2. Extract zip file by providing the TAN registration number.
  3. Open the “PDF converter utility” by double clicking the file “PDF Converter Utility.bat”.
  4. Click on “Browse” button of “Input File Name with Path” and provide path of Form 16/16A text files (see Fig 1.6 below). Example: files are selected from D drive. In case multiple file received select all the files in single browse.  
  5. Select the text file and click on button “Open” (see fig 1.6 above). Example: In case the text file pertains to Form 16A, files are copied at path D:\Form16A and the input file name is MUML00051C_201112_Q3_FORM_16A_0000001751_0001_OF_0001.txt.
  6. Click on “Browse” button of “Output File Path” and provide path where PDF file is to be created (see Fig 1.7 below). Example: the output file path is D:\Form16A.
  7. On selecting the location for saving the PDF file, click on “Open” button (see Fig 1.7 above).
  8. Select option to sign TDS certificate: Option to digitally sign or manually sign TDS certificate is available. a. Digital Signature (DSC): i. E-Token: To select DSC from e-Token, click on e-Token, provide the name of e-Token (by default the name provided in this field is eToken and the same may be changed) and provide the password in the field ‘E-Token Password’. Password is case sensitive (See Fig. 1.8).ii. Import DSC (.pfx file): To select .pfx file, click on ‘Import DSC (.pfx file)’ again click on browse and select the Digital Signature Certificate (DSC) and provide the DSC password in the field. ‘Digital Certificate Password’. Password is case sensitive. Click on ‘Detect Certificate’ (See Fig. 1.9).iii. DSC from Browser: To select DSC installed in browser, click on ‘DSC from Browser’. It will display DSC installed in browser. Select the DSC through which you wish to sign the PDF digitally (see fig. 1.10). b. Manual Signature: Select ‘manual signature’ to generate PDF. Utility will generate TDS certificate without signature. Deductor has to sign each certificate manually.
  9. Provide Details to be Printed on Form 16/16A (details of responsible person): a. Full Name: Provide full name of responsible person to be printed on PDF certificate.b. Designation: Provide designation of responsible person to be printed on Form 16A PDF. c. Father’s Name: Provide father’s name of responsible person to be printed on Form 16A PDF. d. Place: Provide place to be printed in ‘verification part’ of Form 16A PDF. e. Date: Provide date to be printed in ‘verification part’ of Form 16A PDF. Date should be in dd/mm/yyyy format.
  10. Click on “Generate PDF” button available on the Form 16/16A PDF converter utility window.
  11. On successful conversion of PDF files message “File generated successfully” will be provided (see Fig 1.10 below) and utility will generate the folder (folder name will be TAN_FORM16A_AY_Quarter_Date) which contain PDF of all the deductee PANs present in input file. Naming convention of pdf file for Form 16 is ‘PAN_FORM16_AY_Quarter.pdf’ and for Form 16A is ‘PAN_FORM16A_AY_Quarter.pdf’.

Non-Deduction of TDS or Exemption or relief in Deduction of TDS.

When the Tax Deductee request to Deductor to not issue TDS Certificate in this condition Decuctor is not "Default in Assessee".

If a deductor do not deduct TDS or Short dedcut TDS, he is called "Assessee in Default" as per section 201(1).  Such type of dedcutor is responsible to pay interest on TDS amount. 

In this budget a good change has been done in the interest of businessman.  The implementation of this change is effected from 1 July, 2012.  After change, a deductor who is responsible to deduct income tax do not deduct TDS or deduct TDS in short will not be treated as "Assessee in Default" if he proof the following conditions.  
  • The person who has been paid income,  has included the said income  in his return and he has also submitted his income tax return.
  • The person who has received income has deposited income tax which is calculated on his income after including the said income. 
  • Deductor has received C. A. certificate relating to above two points.

Effects of non issuing TDS Certificate or Tax Credits not reflected in 26AS while filing the Annual Income Tax Return.

The person deducting the tax at source is duty bound to-
  • Deposit the tax deducted at source within prescribed time to the Government Treasury.
  • File of Quareterly TDS Return in respect of the Tax Deducted.
  • Issue the TDS Certificate tothe 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-
  • For non issurance 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 penlaty cannot exceed the amount of tax deductible/deducted.
  • For non filing of TDS Return also, there is a penalty provision of Rs. 100/- per day.(The recent Finance Bill-2012 has proposed 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 proposed for non filing or inaccurate filing of TDS Return.  The ammended is proposed w.e.f. 01.07.2012)
Without Quartely 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 untile 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 quareterly TDS Return (or are not issuing the TDS Certificate) despite many requests and reminders by the Deductee.

In such cases, Deductee can follow the folling approach-
Write a letter the the Deductor incorporating
  • The details of payments done and the tax deducted therefrom.
  • Provision of Section 203 which required 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 dispite 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.
Tax payee must regularly track all the tax deducted and 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.

Is there any remedy to avoid TDS? or Receiving Income without TDS.

When you can get the commission / Other income after Tax Deduction at Source (TDS) at a lower rate or even without TDS also. For this, you have to apply to your Assessing Officer in the prescribed Form No. 13 u/s. 197 of the Income Tax Act, 1961 read with rule 28 and 37G stating that you may either be exempt from TDS or TDS should be at a rate lower than the prescribed rate. To justify your demand, you have to attach documents of last three years to make your point. The CBDT has delegated the power to the Assessing Officer either to exempt the payment from TDS or to subject the payment at lower rate of TDS.

The dividend from co-operative society is taxable in the hands of recipient. As per section 10 (34), only that dividends, on which companies are paying pay tax u/s. 115-0 (Dividend Distribution Tax) are tax free in the hands of shareholders.

What will do when TDS Deductor not issued TDS Certificate despite many reminders & requests?

A TDS Deductor deduction the Tax at Source (TDS) from TDS Deductee is duty bound 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.

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.

For Non filing of TDS Return also, there is a penalty provision of Rs. 100/- per day.

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.

You can also view all the tax deducted and deposited in your Account (i.e. Tax Credit in Form No. 26AS) by registering your PAN at www.incometaxindia.gov.in.

To Check your Tax Credit Click Here
To Calculate your Tax (TDS) For Assessment Year 2012-13 Click Here
If you are not aware about Income Tax Slabe for Assessment Year 2012-13 Click Here