LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Tds deducted but not paid by ex employer

durga (sales manager) (29 Points)

30 July 2012

My ex employer has deducted tax for 8 months in FY 11-12.

But he has not deposited the same with govt & is refusing to issue form 16.

I cross checked my online a/c on Income Tax portal & it is confirmed that no tax has been paid.

I spent all this time trying to get the form 16; but no luck

Please suggest what should i do?

Can i file taxes based on the salary slips [which mentions TDS]

Also, i know that July 31st is the last date. But can i still file taxes online after 31st july [assuming the ex employer pays my TDS & issues form 16? ]

would appreciate an early reply.

thank you

Reply
Follow
Share

8 Replies

Manjunath (Audit assistant) (48 Points)
Replied 30 July 2012

hi durga if u r filling returns now u have to pay tax and file.when employer pays TDS and issue form 16 u can revise returns and claim refund. or u can wait for month and than file only additional interest needs to pay u/s234A (and 234B & C if appilcable).no penalty needs to pay unless AO serves notice.if the tax payable is more wait and file month later.

1 Like

durga (sales manager) (29 Points)
Replied 30 July 2012

thanks Manju !!

But the ex employer has no intention of paying my TDS deducted & issue form 16.

In such a scenario; what should i do?

How do i take my ex employer to task? Can i complain to IT authorities?

Manjunath (Audit assistant) (48 Points)
Replied 30 July 2012

In my view There is no option available to complain IT authorities,

(Guest)

Hi. Try to write a mail to concerned jurisdincion income tax authourities.i hope you will defenately get support. As manjunath said for time being you better to pay self assessment tax and file the return. Later once u confirmed that employer has been paid the tax, then you can revise the return and claim refund.