My Ex Employers have not paid the taxes due to the government but have been mentioning the same in Form 16 as also in the monthly payslips. Is there a recourse in fighting this menace of cheating as done by the Employer.
Ramesh (Others) (36 Points)
04 January 2013My Ex Employers have not paid the taxes due to the government but have been mentioning the same in Form 16 as also in the monthly payslips. Is there a recourse in fighting this menace of cheating as done by the Employer.
CA Vanamala Phani Kumar
(Proprietor of M/s Vanamala and Co)
(972 Points)
Replied 05 January 2013
If ur liable to pay tax on amt recd from Employer . You have right to ask employer for Filing TDS returns for that year.
Ramesh
(Others)
(36 Points)
Replied 07 January 2013
I may have the right to ask the employer but if he still does not respond what do I do ?
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 07 January 2013
You need to report the matter to the jurisdictional TDS ward of the Department where your employer company is assessed as far as TDS matters are concerned.
But as you said you received Form 16. There are spaces for displaying the PRNs of quarterly TDS returns filed against which taxes have been deducted. What is written in those spaces/columns ?
Regards,
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 10 January 2013
Ramesh
are you in a position to respond to my observation. It would have been a learning experience for me.
Regards,
Nitesh Maheshwari
(123)
(104 Points)
Replied 10 January 2013
Because ur Ex- Employer is Government Department .
Fill RTI for this. this is definitely workable.
Nikhil Kaushik
(Fellow CA)
(85093 Points)
Replied 12 January 2013
as pointed out by Dipjyoti, file complaint with jurisdictional ITO-TDS alongwith proofs to show the apparent cheating being committed by your employer.
Documents should generally include, your salary slips, Form 16, your Form 26AS and if possible, a copy of TDS return filed by your employer.
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