Answer

ITR

Freelancer: client deducted TDS but filed no return

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. List invoices, TDS amounts and payments received.
    2. Write to the client asking for statements and Form 16A.
    3. Raise a grievance if there is no response.
    4. File reporting full receipts and keep proof for any demand.

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