Claim of TDS without deposition

[Guest]

We have been finding it pretty hard and tedious to collect TDS certificates from deductors as some of them havent deposited the TDS whereas they had advised verbally that they are deducting TDS at the time of Payment.Even some have deposited TDS but are not handing over the TDS certificates due to some other unresolved matter with them. Please advise:1.If we claim TDS on the basis of online NSDL st.how will we enter details of TDS certificate in ITR form without having the TDS Certificate.2.Also advise if there is a provision that a TDS deduction certificate to be issued by deductor at time of payment as we receive tds certificates of the bills pertaining to FY 2008-09 in FY 2009-10 (tds certificate is also for the period FY 2009-10 due to which we are not able to claim tds credit in FY 2008-09 and is taken in FY 2009-10 which results in mismatch of revenue booked & TDS claimed).

[Guest]

if you find the details available on NSDL website are correct, you can get the details from there and fill in the ITR form. Credit would be given to you even in the absence of TDS certificate. On the other side, it is your statutory right to received TDS certificates timely. A huge penalty provisions are there in the income tax act. You just bring the provisions before the deductor and if you like, may file a complaint with the department about the same. There is no ground which permit the deductor to withheld the TDS certificate.

[Guest]

Thanks for your response. But I want to know how TDS can be deducted at the time of PAYMENT while the provision states that tds is to be deducted at the time of payment or credit whichever is EARLIER. What are the accounting entries in the books of deductor & deductee at the time of 1.booking bill dated 31-3-09(received by the deductor say on 25-4-09),2.tds deducted, 3. payment made/received.

AI Summary

TDS certificate rights permit claiming tax credit from NSDL records even when physical certificates are withheld. TDS credit may be claimed in the ITR using NSDL electronic records when physical TDS certificates are not furnished; the deductee has a statutory right to timely TDS certificates and may invoke penal provisions or complain to the tax department if the deductor withholds certificates. The legal rule requires deduction at the earlier of payment or credit, which can cause mismatches between revenue recognition and TDS claim timing when invoices and certificates span financial years.