ITR
Freelancer: client deducted TDS but filed no return
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Facts
Without the client's TDS statement, the credit does not reach your Form 26AS. You can follow up, raise a grievance, and keep proof of short payment. Your income should still be reported in full.
Provisions and law
- Sec 199, Income-tax Act 1961TDS deducted and paid to the government is treated as tax paid on your behalf and credited as per the Rules
- Sec 200(3) (now Sec 397(3)(b))Deductors must file quarterly TDS statements and can file correction statements
- Sec 234E (now Sec 427)Deductor pays a fee of ₹200 a day for late TDS statements, capped at the TDS amount
Analysis
If you billed ₹1,00,000 and received ₹90,000, the ₹10,000 is TDS that should reach the government. Send the client a written request with invoice numbers and ask them to file the statement, mentioning the ₹200 a day late fee under Sec 234E. If they do not act, raise a grievance against the deductor. When you file, report ₹1,00,000 as receipts; claiming the unreflected TDS will usually cause a mismatch, so keep the proof ready.
Conclusion
- List invoices, TDS amounts and payments received.
- Write to the client asking for statements and Form 16A.
- Raise a grievance if there is no response.
- File reporting full receipts and keep proof for any demand.
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TDS deducted but not credited: claim and grievance
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