Answer

ITR

Deductor is not responding to the TDS mismatch

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  1. Facts

    You can raise a grievance on the e-Filing portal or TRACES about the deductor's TDS, and the matter can go to the TDS Assessing Officer of the deductor. Keep written proof of your requests.

  2. Provisions and law

    • Sec 200(3), Income-tax Act 1961 (now Sec 397(3)(b))The deductor files quarterly TDS statements and can file correction statements to fix errors.
    • Sec 203, Income-tax Act 1961 (now Sec 395(4))The deductor must issue a TDS certificate (Form 16 or 16A) for tax deducted.
    • Sec 201, Income-tax Act 1961 (now Sec 398)A deductor who fails to deduct or pay TDS is treated as an assessee in default, with interest.
  3. Analysis

    Give the deductor's TAN, name, period and amount. The department can push the deductor to file or correct statements. If the tax was deducted but not deposited, the bar on demand under Sec 205 protects you; collect proof of deduction such as payslips.

  4. Conclusion

    1. Find the deductor's TAN on Form 16.
    2. Raise a grievance on the e-Filing portal with details.
    3. Attach your written requests and proof of deduction.
    4. Follow up on the grievance status.
    5. Use Sec 205 protection if tax was deducted but not deposited.

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Form 26AS TDS mismatch: get the deductor to correct its TDS return

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