TAX DEDUCTED BY EMPLOYER BUT NOT PAID TO THE GOVERNMENT.

QUESTION:

FROM- Pramod Menon

 Dear Sir,

This is for the AY 2012-13. 

I was in employment with this company for 5 months during the said AY...ie., from April 2011 to August 2011. My employer paid my salary for the period after deducting TDS. I left the organisation in September 2011. I kept requesting for the Form-16 but he kept dodging and despite a no. of requests (i have email copies of these emails) he did not issue the Form-16. 

Although, he did give me a letter on his letterhead that details out the salary that was paid to me for the period and also the TDS amount that was deducted by them for the period.  This is the only proof that shows the TDS deducted. He never issued payslips during this period.

I kept checking and he assured me that the deducted amount would be deposited soon. I also was under the impression that since the company had issued a letter stating the TDS deducted, they would deposit the said amount. 

I went ahead and filed my returns based on the income details.After along with the online filing acknowledgement i sent a copy of this letter on TDS deducted from the company as a proof of the deduction taking place.  I had checked the 26AS before filing and had not seen the TDS amount in the credit. 

However,  today i just received demand under 143(1) to pay the amount that was deducted as TDS but not paid by the employer along with the interests applicable.  

I tried reaching my employer but i am not very sure about his intentions in paying this amount. 

What should i do?

ANSWER:

Hi Pramod,

Please view the following page it contains some alternative which you should follow:

http://www.ngoandtaxconsultant.in/2013/10/how-to-claim-tds-when-tds-not-shown-in.html

Secondly I would recommend you to visit the Income Tax Department with the letter issued by your employer and other proofs which shows your actual Salary, salary received and TDS amount. Also take Form 16 if issue by employer. The TDS cell of the department will help you the claim the correct TDS amount and also file a complaint against your employer.

Hope this will help you. Feel free to contact further.