Consultant TDS Is Refundable Or Not

Dear Seniors,

I have one query i.e. if Govt employee is working after retirement with private organization as a consultant and company is deducting TDS @10% from his salary every month.

Please suggest the process to file the TDR and also pls suggest can he take his deducted amount after filing the TDR from Income Tax Department.

Regards,
Shishir

Dear Shishir,
Your company shall file the quarterly eTDS return for the TDS deducted u/s 194 J Fees for profession and technical services stating your details of PAN, amount on wihich TDS deducted,amount of TDS including the challan details.
Similiarly, you can can claim for the TDS (after receiving the Form 16A from the employer) so deducted while filing the annual return and not as a special request to the department. Where if the total tax liability more than the tds deducted; you are required to deposit the self assessment tax or otherwise claim for the IT Refund.
In your case, it appears you have the below income
1. Income from pension
2. Income from Business and profession
Take into account both the income and/or any other income for filing the annual IT return for the previous year preceeding to the assessment year.

Dear Shishir
If they are deducting TDS @ 10% then they are not showing salary in their return. Instead of salary they are showing consultancy fees (Professional Fees). You can file return of your Income and you can claim refund. There is some calculation on that basis one can say is it refundable or not refundable. If you want to know more about it send me mail.