Employer hasn't deposited tax to government

This query is : Resolved

Mukesh Kumar (Querist)
Follow

04 May 2015 Hi Team.

For FY13-14 I have filed ITR online by referring Form-16 provided by my employer. I paid the due tax amount & submitted.

Now I received communication from Income Tax department-CPC that there is mismatch in paid tax. I checked 26AS and found that my employer hasn't submitted the tax to government hence my salary is also not reflecting there.

Tax due is about 2L hence I am unable to make this payment from my pocket.

I have changed my company & tried to contact my previous employer but not getting any response from them.

Kindly advise what to do now.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

04 May 2015 Inform your companies jurisdictional TDS ITO about non deposit of TDS deducted.
Under Section 201, 201 (A), the income tax department has full right to demand TDS amount which was not deposited on time and also charge 1 % per month of tax not deposited. They can also prosecute a rigorous imprisonment of not less than 3 months but which can be extendable up to 7 years with fine.
A taxpayer can preserve his salary slips at least till the time he gets tax certificate. Then if form 16 is not received, he can file his returns on the basis of salary slips (as TDS deduction by employer is mentioned in it). So, in this way, employee can get his claims even if the form 16 is not available. In other words, we can say an employee need not worry about paying taxes again on his income only to get form 16 from the employer.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now