Rights of Tax Payers

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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).

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2 thoughts on “Rights of Tax Payers

  1. TVS

    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.
    But invariably the EX-Employees are at the “mercy” of the former Employers to obtain their Form 16 and have to make repeated appeals and requests even though the Former Employer has “filed” his TDS Returns and TDS Amount is appearing in the EX-Employee’s 26AS.
    What shd the Ex-Employee do then?
    Y is it not possible for Ex-emplyees to get their FORM16 Direct from the 26AS Site?

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  2. R VENKATARAMAN

    even though the tax deducted at source were entered in 26AS form invariably TDS certificates by the deductors were either not received at all or received late for uploading IT returns. so IT payees depend completely upon 26AS form and only on 26AS (and not TDS certiciates from the deductors). There should be provision for the deductees to get TDS certificated from 26AS form direct online.

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