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Q. TDS not deposited by employer

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Anonymous

posted 1 year ago

Q.TDS not deposited by employer
Hi.I worked in a company from 01-04-2017 to 06-08- 2018. For Financial year
2017-18 Company deducted TDS on my salary but didn't deposit it to the government, hence not issuing 'Form 16'.
My 'Form 26 AS' also has no TDS credit for FY 17-18.I have an e-mail (sent by company' HR) tax calculation sheet where company has admitted to have deducted TDS for 4 months- April to July; In this sheet they have also given plan for monthly deduction of TDS for the remaining months. I also have some text messages from the company's number, in which I am informed about the deduction of TDS for the upcoming months.
At present I am not working in the company I left the job there this month only , my 4 month salary is also due.
so I want to know what is the legal remedy I have to recover 'Form 16 & salary dues' from them so that I can file the IT return and I don't get demand notice from income tax department.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 1 year ago

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A. ) Nothing more to be added. Go by the advice of Advocate Deepak Bade.

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 1 year ago

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A. ) "There is no specific format on which compliant needs to be filed. A person can file his complaint on a plain piece of paper." To support your grievance, you must also attach the following proofs:
1. Salary slip showing deduction of TDS;
2. Copy of Form 26AS not reflecting the deposit of TDS;
3. Copy of letter written to your employer pointing out the discrepancy;
4. Form 16, if available.
If you discover that there is a mismatch in Forms 16 and 26AS at the time of filing your ITR, then you can file it on the basis of the TDS deducted as shown in the salary slip or Form 16. Along with that, you must also bring the discrepancy to your employer's notice. If the issue is not resolved, say within 30 days, you can write your grievance to your assessing officer to explain your case.On administrative grounds, normally, the lower authorities will not give credit for the TDS not paid by the employer.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 year ago

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A. ) Immediately send the company a legal notice and also a representation to the Income Tax department so that you are not put into trouble for the mistakes committed by the company. If you don't do so then in all possibility the Income Tax authorities will hold you liable for evading the tax. So, take proper steps at the right time.

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Anonymous

Replied 1 year ago

Sir, shall I lodge an FIR against the company.

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