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)

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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