Employer didn't deposit TDS to government
5 years ago
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 pay slips as a proof that company had deducted TDS .At present I am not working in the company . so I want to know what is the legal remedy I have to recover from them so that I can file the IT return and I don't get demand notice from income tax department.
Deepak Yashwantrao Bade
Responded 5 years ago
A.Dear client Please fill the TDS amount.It is duty & responsibility of the Employer & respective Dept.
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Ambrose Leo
Responded 5 years ago
A.It is duty & responsibility of the Employer & respective Dept., who deduct TDS from salary of employees to remit in the Govt., treasury or designated Bank within 15 days of deduction from the salary, and if not done they are saddled with penalty & delayed payment interest etc., as per the Act.You have to collect your Form 16 and file IT returns through a Professional IT practioner, better to contact a Professional Lawyer practicing Income Tax of your location & jurisdiction from the panel of Vidhikarya to protect your interest on all aspects of issues quickly.
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A.Dear Sir,
It is a big weapon in your hands to black mail your ex-employer. It attracts Indian Penal Code offences. OR
You may settle the matter by issuing legal notice or under section 12 of ID Act as follows.
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
For full procedure contact me through Vidhikarya.
It is a big weapon in your hands to black mail your ex-employer. It attracts Indian Penal Code offences. OR
You may settle the matter by issuing legal notice or under section 12 of ID Act as follows.
====================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
For full procedure contact me through Vidhikarya.
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ARPIT BATRA
Responded 5 years ago
A.Pl fill the TDS amount along with employer's TAN and/ Or PAN.
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Rajender Prasad
Responded 5 years ago
A.you write a letter to the concerned company through an advocate explaining your position as the company has breached the trust not only against you but also against the govt. For details contact some advocate through vidhikarya.com
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sistla ramakrishna
Responded 5 years ago
A.It is an offence committed by Tax Deduction Officer i.e., your employer, you can take the notice of the fact to I.T.O. and also file a civil suit for recovery of what is stated to be deducted by your employer. You can also file a complaint before labour tribunal for repayment of what you have paid to tax authorities and falsely stated to be deducted and paid by your employer.
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Rathore & Associates
Responded 5 years ago
A.Hello,
with respect to your query, you can issue Legal Notice to the company claiming your TDS amount. Hope this helps.
with respect to your query, you can issue Legal Notice to the company claiming your TDS amount. Hope this helps.
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Pradeep
Responded 5 years ago
A.While summiting your income tax return you may fill the deduction made by employer and also indicate pan number and tan number of employer.
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A.Dear Client,
I am just trying to give some answer.Please have a look.
No demand on taxpayer if TDS deducted but not deposited by deductor. When your employer or any other deductor deducts TDS from your salary/income they must deposit it to the income tax department against your PAN.
As a result, TDS is not reflected in Form 26AS. This is a common scenario in banks where depositors do not provide their PAN and their TDS is deducted when the interest amount crosses Rs 10,000. In such cases you have to:
Every employer or deductor who deducts TDS (Tax Deducted at Source) from your salary/income is obligated to deposit it with the income tax department against your PAN.
The TDS deductor has not remitted tax deducted to the government
Under such circumstances receiver of income will not have any control on the deductor to see if the tax deducted from his payment has been ultimately remitted to the government or not.Thus, department does not have the option against the recipient but to allow him the credit. Means receiver of income shall be allowed to deduct TDS amount from his tax liability.However, department may proceed against the deductor by holding him assessee in default.
The other alternative:
Go to a tax Advocate and ask him to do the job for you or get the work done through Vidhikarya.com
last alternative.
Go to the Income Tax office.Meet the Income tax Officer of your Circle.Explain him/her your present position.I am sure he/she will help you .
Shanti Ranjan Behera,Advocate
I am just trying to give some answer.Please have a look.
No demand on taxpayer if TDS deducted but not deposited by deductor. When your employer or any other deductor deducts TDS from your salary/income they must deposit it to the income tax department against your PAN.
As a result, TDS is not reflected in Form 26AS. This is a common scenario in banks where depositors do not provide their PAN and their TDS is deducted when the interest amount crosses Rs 10,000. In such cases you have to:
Every employer or deductor who deducts TDS (Tax Deducted at Source) from your salary/income is obligated to deposit it with the income tax department against your PAN.
The TDS deductor has not remitted tax deducted to the government
Under such circumstances receiver of income will not have any control on the deductor to see if the tax deducted from his payment has been ultimately remitted to the government or not.Thus, department does not have the option against the recipient but to allow him the credit. Means receiver of income shall be allowed to deduct TDS amount from his tax liability.However, department may proceed against the deductor by holding him assessee in default.
The other alternative:
Go to a tax Advocate and ask him to do the job for you or get the work done through Vidhikarya.com
last alternative.
Go to the Income Tax office.Meet the Income tax Officer of your Circle.Explain him/her your present position.I am sure he/she will help you .
Shanti Ranjan Behera,Advocate
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