Difference in form 16 issued by deductor & form 26as

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Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2015 Hi,
There is a difference in my Form 16 given by Employer and Form 26AS (Downloaded from TRACES. TDS deducted & deposited is same but the amount credited differs.
Amount stated in Form 16 by employer is more than that of shown in Form 26AS.
For the A.Y. -2014-15, I filed my return of Income on the basis of Form 26AS resulting in refund of Rs. 8900/- to me.
A few days back I have received a ShowCause notice from the Jurisdictional AO soughting clarifications on difference in Income as per Form given by Employer and Return of Income filed by You failing which imposition of penalties U/s 276C(1) & 277 of the Income Tax Act is being proposed.
Can You please help me regarding this.
Which a superior document (a) Form 16 issued by employer or (b) Form 26AS downloaded from TRACES.
Is there any Case law reference, I can quote while replying the SCN.

Please Help.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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18 December 2015 Form 16 will prevail over with regards to Income details as Form 26AS only provides the gross amount and not the taxability of the same.

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Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2015 Thanks Nikhil Ji
What should be my course of action now.
Please guide

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