less salary shown in form 16

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 May 2016 Dear Sir,

I have received a incorrect form 16 from my only employer, they have by mistake shown much less salary in form 16, when I asked them to correct , they said they cannot do that as it was not possible.

So I filled the return with the same Form 16 data, which shows less salary.

Now I want to revise the return and think that by using the salary slips given by me employer, I can make a correct tax calculation , I want to pay all outstanding tax to the govt.

my question:

1> If I use salary slips as proof for salary, will IT department accept it, instead of form 16 which shows less salary.
2> Will I be penalized and my revised return under 139(5) get rejected, because when I filed 139(1), there was less income as per form 16, and the return shows less income.
3> will there be any action by IT dept on my employer, any penalty for issuing incorrect form 16 to me?
4> what extra amount will I have to pay apart from outstanding tax

Experts, please advice what should be my best approach under this situation.

Thanks

Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)

26 May 2016 1. Yes you can use salary slip as proof.

2. No, it is not penalized. You correct it and file the revised return u/s 139(5)

3. Normally, No but it is your Employer default, Income tax department may Dis-allowance of expenses (Your Salary part), on which tax has not been deducted.

4. Other than TAX interest on it also payable if applicable.

File the revised return ASAP.

Abhishek Ranjan Singh
ARS Solutions
www.arssolutions.co.in
+919022838615

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