West Bengal

Paschim Midnapore

CC/50/2012

Smt. Nandita Das Saha - Complainant(s)

Versus

Bank of India, Midnapore Branch - Opp.Party(s)

07 May 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 Complaint case No. 50/2012                                                                                         

 BEFORE : THE HON’BLE PRESIDENT :  Mr. P. K. Sarkar.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  xxxxxxx

      1)  Sm. Nandita Das Saha, W/o-Sri Surajit Saha &

      2)  Sri Surajit Saha S/o-late Ram Ratan Saha both residing at Mirza bazaar chawk, P.O. &   

           P.S.-Midnapore, Dist-Paschim Medinipur………Complainants.

                                                              Vs.

           Bank of India, Midnapore Branch, represented by its Sr. manager, having its office at 

           Kshudiram Nagar, P.O. &  P.S.-Midnapore,  Dist-Paschim Medinipur.

Order No.03                                                                       Dated:-07/05/12                        

 

              The Complainant files hazira. Hd. Ld. Lawyer for the complainant in the matter of admissibility of the complaint. The complainant filed the instant case against the Op-bank for not depositing the TDS amount of Rs.4680/- deducted from their account for the assessment year 2011-2012. Admittedly the Op-bank issued the TDS certificate for deduction of Rs.4680/- from the account of the complainant for the assessment year 2011-2012 and the complainant filed their return before the Income Tax Authority for the assessment year 2011-2012 claiming refund of the TDS deducted from their account by the complainant for the assessment year 2011-2012 has not yet been disposed of by the Income Tax Authority. It is submitted on behalf of the complainants that the TDS deducted by the Op-bank has not been reflected in 26. As showing deposit of TDS in the account of the complainants is yet to be finally assessed by the Income Tax Authority, it is pre-mature to proceed against the Op-bank for the alleged non-deposit of the TDS of Rs.4680/- deducted from the account of the complainants. The complainants are entitled to get refund of the said TDS deducted from their account from the Income Tax Authority on the basis of the TDS certificate issued by the Op-bank, if he is not liable to pay any tax for the assessment year 2011-2012. As such the instant complaint being prematured one is not admitted.

 

                       Sd/-                                                                                             Sd/-

                   Member                                                                                     President      

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur.