Govt. employer not filled/wrong filled tds return


This query is : Resolved 

(Querist)
25 December 2013 Mr. A is a Govt. servant.
He have received Form 16 (not from Trace, i.e. in old format) on 31st July 2013 for FY 12-13, showing TDS deducted of Rs. 5300/- (mentioning TDS Return till to file)

Mr. A filed ITR as per Form 16 received with Rs. 1200 refund.

Till date not reflecting in 26AS.

In Case What will Mr. A can do?


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Guest (Expert)
25 December 2013 YOU NEED NOT TO WORRY IN THAT.FORM 16 IS THE CONCLUSIVE EVIDENCE OF DEDUCTION OF TDS.IT IS EITHER A MISTAKE ON PART OF YOUR EMPLOYER IN FILING TDS RETURN OR MAY BE SOME TECHNICAL MISTAKE.

Prashant (Querist)
30 December 2013 Thanks..
But When he will get refund?
What he have to do?

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Guest (Expert)
30 December 2013 if U FILED A RETURN THEN WAIT FOR SOME TIMES FOR THE REFUND.

31 December 2013 Prashant, as per our experience IT department wont give refund if no credit in 26AS, even for Govt Employees. They insist to file corresponding ETDS return form the Govt Office. So it's better to file ETDS from the office as early as possible.

Prashant (Querist)
15 September 2014 Same return filed & IT Dept issue intimation u/s 143(1) for Demand of TDS.

It seems that Govt. Dept. issued wrong Form 16 and not deposited same in the said account.

Please provide me solution for:
1. Is their any need to pay tax as per demand? Is their any penalty for this to me?
2. What kind of action I can take against employer for this error?

17 September 2014 Prashant, First ask the Govt office to file the ETDS return for that FY for all the quarters in which IT deductions made from the staff. then only they will come to Form26AS of the each staff. After that Rectification may be filed for the 143(1) in online. Until that the demand will not be get closed.


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