Form 16 & tds certificate not issued by employer

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

28 May 2012 I want to have clarity whether C form issued for taxable amount or for invoice amount ?

Secondly if goods mentioned as tax free item in CST act, then is it require to issue C form in interstate purchase ?

Querist : Anonymous

Querist : Anonymous (Querist)

28 May 2012 I worked with an educational institution run by an educational society from Sept 11 till March 2012. I was issued salary certificate and experience certificate only upon the condition that I deposited the TDS for the entire tenure in cash through my online bank account in the name of the educational society. However, even after this the employer has not issued Form 16 or TDS certificate despite repeated reminder. Will I be able to claim TDS deduction even though I deposited the TDS in the name of the society? Can I claim to have deposited the TDS even though I have almost nothing to prove my point except the online receipt generated at the time TDS was deposited? How do I go about it? Should I give a notice to my employer even before the last date of filing IT return for this AY or after that?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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29 May 2012 1. Deposting TDS in itself is not enough. The employer has to file a TDS return so that the employee can claim benefit of TDS.

2. If the TDS return has not been filed, then you cannot claim credit of the TDS.

Here I would like to ask you that the amount of tax that you paid was paid as TDS or advance tax?