- Login to TRACES: Login to TRACES as a deductor by entering User Id and Password and click on “Go”.
- Landing page of TRACES website will be displayed.
- Request for NSDL Conso File: Under “Statements/Payments”, click on “Request for NSDL Conso File to place download request.
- Under “Request for NSDL Consolidated File”, select Financial Year, Quarter and Form Type for which NSDL Conso File is required and click on “Go”.
- Token Number Details:Enter authentication code if the validation is done earlier and you have the authentication code.If you do not have authentication code, enter Token Number of only Regular (Original) Statement corresponding to the Financial Year, Quarter and Form Type.
- Fill in the Token Number Details.
- You will be taken to the Authentication Code screen where you can find the authentication code.
- Then you will be taken to request number screen where you can find request number.
- Click on “Requested Downloads” under “Downloads” menu to download the NSDL Conso File.
- Enter Request Number(Search option 1 ) or Request Date (Search option 2) to search for the download request submitted for Form 16.
- Click on a row to select it.
- Click on the “HTTP Download”,”Download Manager”button to download file.
After download the consolidated file from new website, we have to unzip it and to unzip this file, password is required.Correct password to open the Consolidated FVU file is now as under:
TAN NO_request number of consolidated fvu file
Assessee is entitled to the credit of the TDS mentioned in the TDS certificates issued by the contractor, whether the said certificate is issued in the name of the Joint Venture or in the name of a Director of the assessee company. They have considered the terms of the agreement dated 12-03-2003 among the parties to the joint venture and held that credit for TDS certificates cannot be denied to the assessee while assessing the contract receipts mentioned in the said certificates as income of the assessee. The income shown in the TDS certificates has either to be taxed in the hands of the joint venture or in the hands of the individual co-joint venturer. As the joint venture has not filed return of income and claimed credit for TDS certificates and the TDS certificates have not been doubted, credit has to be granted to the TDS mentioned therein for the assessee.
The Revenue cannot be allowed to retain tax deducted at source without credit being available to anybody. If credit of tax is not allowed to the assessee, and the joint venture has not filed a return of income, then credit of the TDS cannot be taken by anybody. This is not the spirit and intention of law.
Therefore, in our view, the Assessing Officer erred in denying the benefit of the TDS mentioned in the TDS certificates filed by the assessees on the ground that the TDS certificate is issued in the name of the joint venture or a Director and not the assessee.
Commission paid to the credit card companies cannot be considered as falling within the purview of S.194H. Even though the definition of the term “commission or brokerage used in the said section is an inclusive definition, it is clear that the liability to make TDS under the said section arises only when a person acts behalf of another person. In the case of commission retained by the credit card companies however, it cannot be said that the bank acts on behalf of the merchant establishment or that even the merchant establishment conducts the transaction for the bank. The sale made on the basis of a credit card is clearly a transaction of the merchants establishment only and the credit card company only facilitates the electronic payment, for a certain charge. The commission retained by the credit card company is therefore in the nature of normal bank charges and not in the nature of commission/brokerage for acting on behalf of the merchant establishment.
Payments to banks on account of utilization of credit card facilities would be in the nature of bank charge and not in the nature of commission within the meaning of sec. 194H.