Demand notice us 221

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Nandkishore Joshi (Querist)
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10 March 2020 Employer did not give form 16 and deposited TDS. Computed and paid tax based on computation on XP’s given by manager taxation. IT has sent notice for recover by coercive means if demand amount not paid. Kindly advise at earliest

Eswar Reddy S

Eswar Reddy S (Expert)
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10 March 2020 Every employer must download and issue form 16.Else there will be Penalty on employer. If you have submitted your ITR on time then check your ITR once.Check ITR form also.Findout the mistake. Check intimation u/s 143(1) also.It may give some information

Nandkishore Joshi

Nandkishore Joshi (Querist)
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10 March 2020 Have checked self and thru CA. Employer is having no money and hence not deposited amount. Even salary for the tax deducted amount is not paid.

CA PARTH SHAH

CA PARTH SHAH (Expert)
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10 March 2020 If you have solid proof about your employer not depositing the taxes deducted, it is best to bring this to your employer’s notice before taking further steps. If your employer does not respond even after repeated requests, you can take action by filing a written complaint to your assessing officer.

Nandkishore Joshi

Nandkishore Joshi (Querist)
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10 March 2020 Have already sent mail to employer for form 16 and also reminded that due to non payment of Deducted TDS to govt , IT has issued recovery notice by co ercive means. No reply to mail. Today I have mailed to AO regarding facts of case. I can mail the complaint made to AO if mail I’d is provided. Thanks

Eswar Reddy S

Eswar Reddy S (Expert)
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11 March 2020 Then first you pay and recover the same from your company .. Else they may impose double penalty

Nandkishore Joshi

Nandkishore Joshi (Querist)
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11 March 2020 That’s not possible as company is closed and have no money.

CA PARTH SHAH

CA PARTH SHAH (Expert)
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11 March 2020 Have you submitted the proof about deduction of TDS from Salary to AO?

Nandkishore Joshi

Nandkishore Joshi (Querist)
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11 March 2020 In the tax filing return there is no provision for submitting proof of TDS as this has been mailed by Xls sheet. Moreover TDS is not reflecting in AS 26 as employer has not deposited this deducted amount. As stated earlier I have sent mail reply to the notice explaining facts and details

Nandkishore Joshi

Nandkishore Joshi (Querist)
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12 March 2020 Yesterday we had personally met AO and explained details. He told that TDS and recover dept are different. He asked why appeal is not filed. I told that I am unaware. I have given rely to notice and he has acknowledged same. What will be the probable result of appeal with cit.

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