TDS on salary not deposited
I was employed with a company during the last financial year who has deducted TDS from salaries of its employees but not deposited it with the IT Deptt. We do not have any form 16 or such certificate except for computer generated (i.e. unsigned) salary slips which show the amount deducted as Tax.
Looking for guidance on how to file IT returns timely without the TDS being credited. more
Looking for guidance on how to file IT returns timely without the TDS being credited. more
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Company deducting income tax and not providing Form 16 (you are not on contract basis – I believe) then it is a crime. You have to lodge the complaint (I’m not sure where). Even if you are on contract basis, they supposed to provide some other document – I think Form 12 BA. more
Jul 07
There is clarification/notification issued by CBDT which is as under. The Central Board of Direct Taxes had issued directions to the field offices that taxpayers whose tax has been deducted at source but not deposited to the Government’s account by the deductor, will not be asked to pay the demand to the extent tax has been deducted from his income. A letter to this effect was issued on 01.06.2015. Through this letter an embargo had been put on direct demand against the assessees in cases where the tax demand is on account of tax-credit mismatch due to non-payment of TDS to the Government account by the deductor. Instances have come to the notice of the Board that these directions are not being strictly followed in field offices. An Office Memorandum has therefore been issued on 11.03.2015 reiterating the contents of the letter. It has been reemphasized that the assessing officers shall not enforce demands created on account of mismatch of credit due to non-payment of TDS amount to the credit of the Government by the deductor. The Office Memorandum dated 11.03.2016 is available on the website of the Department www.incometaxindia.gov.in. more
Jul 06
You have to pay tax amount directly and claim the amount from company giving notice.Only after paying tax you can file IT return. more
Jul 06
Dear Sanjay, Whether Form 16 is issued or not, you have to file ITR .While filing ITR you can claim section 80 C benefits provided you hold proof. Such proof should be roduced before IT Department ,if your accounted is selected for scrutiny. The Tax deducted by employer can be claimed only if the amount is appearing in your 26 AS. You can send registered notice to your employer to remit the Tax on or before due date for filing ITR and give you proof of such remittance, otherwise refund the TDS with interest. If you get proof,then you may claim TDS. Otherwise you have to remit Tax with interest and file ITR. more
Jul 06
Agreed with Mr Sasidharan . That 's the way ... more
Jul 06
