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Tds

25 May 2016

Can anyone clarify my query An employer deducted TDS from an employee's salary but he didn't pay to the department. Then how can the employee avail the TDS deduction. Now he need to file ITR.

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5 Replies

Sagar Solanki (SGR Tax Advisory) (76 Points)
Replied 25 May 2016

the employee wont get the credit unless TDS is paid and TDS return is filed. to cliam TDS credit employee need to file ITR.

https://www.sgrtax.in

1 Like

Harshad Kanekar (Taxation and Accounts Executive) (314 Points)
Replied 25 May 2016

TDS Cannot be claimed unless TDS return is done.

Employee can claim amount from Employer towards TDS and then pay Self assessment Tax for filing return. Or else Pay Self assessment Tax, file return and then if Employer files TDS he can revise his return and claim refund.

There is no other way.

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anonymous (student) (750 Points)
Replied 25 May 2016

Refund cannot be claimed unless it reflects in 26 AS (Tax credit statement) at the end of the year. Get in touch with HR of employer

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Pranay Teja (Student) (60 Points)
Replied 27 May 2016

Claim the TDS by manually entering the full amount and follow up with the employer for the credit to be received. If employer pays the amount by the time return is processed then no issues

1 Like

CA Rohan Dedhia (Practicing Chartered Accountant) (83 Points)
Replied 28 May 2016

Dear Chandra Mohan ji,

Kindly claim the TDS amount in the ITR on the basis for Form 16A and / or salary slips issued to the employee.

Further-
1. Send Notice to Employer for payment of Income Tax to the Department and issue Form 16 to you.

2. If the employer doesn't oblige, kindly write a letter to the TDS Department having jurisdiction over your employer regarding mischief by the employer. Deducting TDS and not paying to Income Tax Department is Criminal offence punishable with imprisonment.

Further, if you have documented proof regarding deduction of TDS, then don't worry since many courts have ruled that Tax shall not be payable by the employee.