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Construction Litigation

Resolving a TDS Default Notice of Over 4 Years

A construction contractor faced a ₹19 lakh TDS demand built up over four years of late filings and wrong section codes. A proper TRACES reconciliation brought the real number into view — and it was a fraction of that.

Industry
Construction & Contracting
Entity Type
Proprietorship
Location
Navi Mumbai, Maharashtra
Annual Turnover
₹8 Crore
The Situation

What the engagement demanded.

A proprietor running a mid-sized construction contracting business received a TDS default notice covering four financial years, with a demand of ₹19 lakh in tax plus interest and penalty. The defaults had built up quietly: his previous accountant had been deducting TDS but filing the returns late and, in some quarters, using the wrong section codes for contractor payments. By the time the demand landed, the previous accountant was no longer reachable and there was no documentation trail to work from.

What We Did

How we executed the engagement.

01

TRACES Reconciliation

Pulled the complete TDS traces from the TRACES portal and mapped every challan, return, and deductee record across the four years.

02

Separating Real Defaults

Used the reconciliation to separate genuine defaults from clerical errors that were inflating the demand.

03

Revised Returns

Computed correct interest under Section 201 for genuine late filings and filed revised returns to correct the wrong section codes.

04

Rectification & Representation

Filed a rectification application and appeared before the TDS assessing officer with a reconciled statement showing actual vs. assessed liability.

Expertise Delivered

The capabilities we brought to bear.

TRACES Portal Reconciliation

Challan, return, and deductee-level mapping across four financial years to surface the real liability.

Section 201 Interest Computation

Accurate interest liability calculated only on genuinely late payments.

Section Code Correction

Revised TDS returns correcting wrong contractor-payment section codes that were generating inflated demands.

Rectification & AO Representation

Rectification filing and in-person representation before the TDS assessing officer with a reconciled statement.

The Outcome

The results we delivered.

Headline Result

The demand was reduced from ₹19 lakh to just under ₹4 lakh, with the penalty waived on grounds of reasonable cause.

Demand reduced from ₹19 lakh to just under ₹4 lakh after full reconciliation
Penalty waived on grounds of reasonable cause
Clean TDS compliance certificate issued to the proprietor
Enabled a government contract bid he had been waiting on — the contract came through the following month

TDS default demands almost always look worse than they are. A proper reconciliation between TRACES data and actual payments brings the real number into view quickly, and that is usually the number worth fighting for.

— N D Savla & Associates

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