Draft Letter asking Parties to amend TDS Returns for previous years

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ARUN MOHATA

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Jan 11, 2011, 8:52:16 AM1/11/11
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Dear All,
 
Most of our clients are facing issues while claiming IT Refund because of Incorrect / Incomplete Data credited in their account as shown in Form 26AS..
 
Its a pity that they need to run from pillar to post for no fault of theirs to claim their deserving amount..
 
Need a strong Draft Letter format which can be sent to the parties for initiating rectification in their TDS Returns so that the same is sorted out..
 
Looking for help from professional collegues.
 
Regards,
CA A.K.Mohata
 

RAMKUMAR SRINIVASAN

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Jan 12, 2011, 9:12:07 AM1/12/11
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Dear All,


HEREIN BELOW IS A LETTER I DRAFTED ON BEHALF OF A SENIOR CITIZEN AGED 82 YEARS TO HIS BANKER. 

I DO NOT EXPECT THE BANKS TO RECTIFY THEMSELVES.

EVEN IF THE SR. CITIZEN  SUES THE BANK IN A CONSUMER FORUM - HE MAY NOT LIVE ANOTHER 20 YEARS TO TASTE HIS WIN.

GOD BLESS HIM AND ALSO US!!


======================================================

From,

.........................

.........................



To,

 

The Branch Manager,

Indian Bank,

........................

........................ 

 

Dear Sir,

 

SUB:  TDS on my FD’s with you.

REF:  .....................................

 

I am to inform you that I hold Fixed Deposits with you.

 

I find, from the 26AS statement of my account with the IT Department, that,  you have not declared to NSDL, through the periodical TDS Returns,  regarding the TDS you have deducted out of the interest paid by you on my deposits with you.

 

Please note that you will be putting me into undue hardship, loss of the said deducted tax amounts and mental agony, if you fail to declare, on time, the details of TDS to the appropriate authorities.

 

Please do the needful immediately to ensure that the IT department gives the due and timely credit of the tax deducted by you from my interest income.

 

Kindly Oblige,

=======================================================

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Thank You,

With Regards

CA RAMKUMAR SRINIVASAN

Adarsh Mundhra

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Jan 15, 2011, 6:31:58 AM1/15/11
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Hello Mr. Ramkumar,


  • We are professional accountants & I think for such Senior Citizens we owe our duty of respect which unfortunately does not reflect in the language used by you. ( see below & highlighted in red color ).
  • To come to specific issue - I believe the responsibility is cast on the deductor to file returns in the manner prescribed by the Government in this regard and more specifically u/s 272 ( If I remember this properly ) - penalty for non-compliance of records / returns and documents required to be filed/ issued under the Income Tax Act invites penalty of Rs. 100 / day subject to a maximum value of the limit of the TDS.  Thus option lies with the deductee to lodge complaint with the Income Tax Department. Respectable colleagues may advise how to lodge complain with the Income Tax Investigation wing or TDS wing of the circle.
  • Second option is to take up the matter with the RBI - Banking Ombudsman under the Banking Ombudsman Scheme . The complain I beleive can be lodged online.
  • Third Option - If the bank referred below is a public sector bank , the deductee may write to the management of the bank and then parallely file an RTI application asking the bank of what action is being taken to file the TDS Return electronically . Also the deductee may ask the Income Tax- TDS wing of what action is being taken on the bank for not filing the electronic returns under an application of the RTI Act.
  • Consumer Forum I agree nevertheless goes in its own slow speed.


--- On Wed, 1/12/11, RAMKUMAR SRINIVASAN <ramau...@gmail.com> wrote:
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