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Issue ID: 115606
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TDS on FDR made in the name of Registrar on the direction of the court due to disputed ownership.

Date 29 Oct 2019
Replies0 Replies
Views 581 Views
TDS on Court deposited FDRs: deduction without PAN prevents owners from getting credit or refunds, prompting guidance request
An FDR held in the Registrar's name on court direction produced interest from November 2016; absent a PAN from the court, the bank deducted TDS at the higher rate and deposited it against the Registrar. After ownership was finally allocated and funds distributed to three owners, each received amounts net of the prior TDS. The owners contend the TDS should be reflected against their PANs so they can claim credit or refunds, but face non-cooperation from the court office and bank in securing adjustment or return of the deducted tax. (AI Summary)

Agriculture land (Rural) was acquired by the NH Authority through District Collector for widening of road. As there was dispute in ownership the matter went in Court and Court deposited the amount in the Bank in the shape of FDR. Now the ownership has been decided (Sep 2019). The case was started in November 2016. The Registrar office directed the Bank to transfer the amount as per share of the owners. It has came to our notice that the bank has already deducted TDS quarterly w.e..f. November 2016 @ 20% and total TDS amount is 12 lacs and the total owner are three. The bank has deducted TDS @20% as the Court did not submitted any PAN NO. In fact this amount is deducted from our amount and I am of the opinion that the TDS should also be reflected in our PAN. But bank has already deducted the TDS @ 20%. Neither Court staff nor bank is cooperating and we are at loss for ₹ 4 Lacs each as we are being given the amount after deducting 20% TDS. And we are unable to take refund. Please guide

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