tax deducted at source

[Asked by Guest]

if someone deduct my tax deducted at source as per our rent agreement for last 2 years and not deposited the same to government. so what is the process to claim my deducted TDS.

[Udaya Chandran]

If the amount is not deposited and return not filed, you cant claim any deduction.  However the deductor would be liable to pay interest and penalty and prosecution.  Refer: (Attention TDS Deductors: Non-deposit of TDS on time attracts Prosecution)

[CAGOPALJI AGRAWAL]

Department would not give credit for the TDS hence if you could recover the same from deductor, recover it or make influence upon him for the compliance stating that you would write to department.

AI Summary

Tax Deducted at Source credit denied when deductor fails to deposit; recover from deductor or press for compliance.
If the deductor has not deposited the TDS and has not filed the return, the payee cannot claim credit for that TDS; the deductor is liable for interest, penalty and possible prosecution, and the Department will not give credit until the deductor regularises deposit and return filing. The payee's practical recourse is to recover the amount from the deductor or press the deductor to comply so the Department can grant credit.