Resolve tax problems for withheld tax.

Dinesh Mertiya (PROFESSIONAL) (761 Points)
Replied 25 July 2016

I'm filing out my tax returns for FY 2015-16. For this year, I had multiple jobs (from April 2015- Oct 2015 for employer 1, and Oct'15 mid to Feb 2016). I wasn't paid salary for Mar 2016, so I don't think that will affect ITR.
Salary is taxable on due basis, whether actullay paid or not
if salary of march is due, I think, you should include in your income

Employer 1 has correctly calculated my tax, and I have no problems with it. Employer 2 discarded my previous income (Apr 15- Oct'15), and calculated tax on the basis of 10% slab for Oct'15 - Feb'16. So, I need to pay the tax for the second employer as it comes under 20% slab had the income been combined.
if you have received salary from more than one employer, shall be taxable as whole amount of salary and tax liability will be calculated on total income

The problem is that employer 2 hasn't issued me a form 16, and for the months of Jan and Feb'16, TDS has been deducted at source, but they haven't filed the data for Q1 2016 to govt. In this particular scenario, what would be correct resolution:
1. I pay tax again for Jan+Feb'16 to the govt, and wait for my previous employer (Employer 2) to file their taxes so that I get a refund for the extra tax. This is the easiest one, but I've no trust over my previous employer so I wish to discard this option.

if employer has not submitted TDS return, you are not eligible to take credit of TDS
You can file your return for financial year 2015-16 upto 31/03/2017.

You can wait till 31/03/2017

2. I don't show any income for Jan, Feb 2016 and file my taxes till Dec 2015 (till which entries are present in Form 26AS). I wait for my employer to file their returns for Q1 2016, post which the IRS contacts me for remaining tax (20% one) of Jan, Feb 2016.

No, I think you should file Income tax return including all source of income

3. I pay only the extra tax (the 20% slab which I need to pay over the 10% which I was charged at second employer), and attach the salary slips of Jan, Feb 2016 to the govt to show that I indeed paid tax for those months but my employer didn't report it to you. Which of these options seem viable and correct?

you have to file income tax return online and which is paperless,
means, you do not need to attach any documents with income tax return

Gaurav (Software developer) (27 Points)
Replied 25 July 2016

Hi Dinesh,

First of all thanks for your reply. What I see as a solution from above is to wait till 31 March 2017. But as a worst case scenario, if my employer doesn't give me March 16 salary till that time or doesn't file quarterly taxes to the government, what would be the solution in that case? Thanks.

Dinesh Mertiya (PROFESSIONAL) (761 Points)
Replied 25 July 2016

what proof is you have
that TDS has been deducted and not have been deposited by your employer
or
is your salary deposited into your bank account after deducting TDS ??
without proof ,
I think, you shall have to pay TAX

Dinesh Mertiya (PROFESSIONAL) (761 Points)
Replied 25 July 2016

I hope, your problem will solve upto 31/03/2017

Gaurav (Software developer) (27 Points)
Replied 25 July 2016

I have payslips for Jan and Feb 2016 clearly mentioning the TDS deducted at source. For March also I have a payslip but it doesn't mention any TDS (maybe Because the salary hasn't been paid in actual). I think that's enough to serve as a proof?

Dinesh Mertiya (PROFESSIONAL) (761 Points)
Replied 25 July 2016

Yes, you are right
TDS has not been deducted because tds is deductible on payment basis
you have pay slip having TDS details
I think, it is enough to shift liability on your employer