Notice from income tax department

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 July 2012

Dear Expert,

Please give your valuable suggestion to resolve below mentioned issue.

I am salaried person and filling Income tax return from last 4 years. Now I got one notice from Income Tax Department against communication Ref : CPC/1011/T1/…… for Assessment Year 2010-2011 for paying tax amount.

I had talk over phone with Income Tax Department and they told me that you have to pay this tax amount. I explained him that tax already deducted by my employer and I am having form-16 also against which I had filed the tax return. They told me that this tax amount is not reflecting in form 26AS hence you have to ask your employer to update the tax details so that tax will be reflect in form 26AS and after that you have to file the rectification.

I asked to my employer to do the same as instructed by Income Tax Department but my employer is not ready to do this process.

My request to experts to provide the solution.

Thanks & Regards,

Umesh Kumar

ukmittal2004 @ gmail.com

Adv. Rajesh Chhangani

Adv. Rajesh Chhangani (Expert)
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18 July 2012 Dear Umesh,

The answer of CPC is very true and fair. The 26AS must reflect your TDS deducted by employer. You MUST ask your employer for deduction of TDS as quoted in Form 16 provided by the Employer. I think they avoided because of lengthy procedure.

As per my advice, The other solution for this, if Employer is not ready to deduct TDS then ask him to pay TDS amount and from this amount you can pay the demand of CPC.

regards
Adv Rajesh

Querist : Anonymous

Querist : Anonymous (Querist)

19 July 2012 Hi Rajesh,

Thanks for your response !

Neither my employer is ready to update the details not ready to pay that tax amount.

All are much appreciated if you can provide any other easy way to handle this issue.

Thanks & Regards,
Umesh Kumar

Adv. Rajesh Chhangani

Adv. Rajesh Chhangani (Expert)
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19 July 2012 Hello,

Unfortunately there is no such way to solve this matter. The either solution is which I mentioned above.

Other experts solutions are welcome.

Regards
Adv Rajesh

Naresh Dharia F.C.A.

Naresh Dharia F.C.A. (Expert)
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07 August 2012 At first, u have to bear the burden of tax as u r the assessee in the eyes of law....

Secondly, u may argue that it is the payer's liability but still notice of recovery will be to u and not to the employer...

Lastly u can mark the issue to the TDS Dept againt ur employer towards non filing the TDS return, and hence no TDS credit...

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