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Tds deducted by employer but not deposited to govt account.

04 September 2015

Hello Sirs,

My employer has deducted income tax from my Salary but not deposited to Govt account due to funds crisis. Form 16 also NOT issued by the employer. TDS amount not reflected in my 26AS due to non remittance of TDS amount. In this suituation Can I file the income tax return for the AY 2015-16? Income tax dept will raise tax liability with interest demand from me? Please suggest !

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2 Replies

Udgam Koomar (Tax Technologist) (1949 Points)
Replied 04 September 2015

You have two options, you can file return with form 16 they have issued and then get behind them to upload their TDS return. Second, if you dont have any tax liabilities then ask employer to upload TDS details and once its done by next month, you can file return according to 26AS. If you verify by EVC, your return may get processed very fast, then there may be tax credit mismatch issue. Either ways you have to catch hold of your employer to get the TDS uploading done.

S. Shiroor (Others) (1207 Points)
Replied 04 September 2015

1) Has your employer given you his form 16 at least. Since your 26AS is not updated this form 16 is not from Traces.

2) Goto https://tin.tin.nsdl.com/oltas/servlet/QueryTaxpayer and check whethe tax has been deposit in Govt Coffers

3) 26AS is blank does not necessarily mean he has not paid tax. He may have paid tax but not filed TDS return. He may have filed TDS return but PAN no may be wrong or it may be a defective return .

4) if he has given his form 16 with his sign and stamp then you are protected u/s 205. The onus of giving tax is not with you but your Employer.

5) Tell your employer that Tax credits in 26AS is missing.

6) You can file your return with the data given in your form 16.

7) You should not e-verify or send Itr-V to banalore- untill your 26AS is updated

8) The day 26As is updated either -Everifyy or send ITR-v to bangalore

9) Remember ITR-v for AY 13-14 and . AY 2014-15 can still be send to CPC banglore till 31st OCt 2015.

10) Relentlessy follow with your employer to update 26AS and then do s.no 8

I hope this is clear