Non receipt of FORM 16 - non filing of IT by Deductor

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Ramachandra sharma (Querist)
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16 January 2011 Hi

If the deductor of the TDS on salary not paid the same to govt and if he closes his business operation and/or not in a position to remit the same to govt,
1.what is the remedy available to the deductee, due to this he is not in a position to file his return?

2.Is there any IT authority who can solve this issue.
3. whether he can file the return by showing proof of TDS deducted from deductor( Like Salary slip) etc.,

4. whether deductee again has to pay income tax in his own hand even though it already paid through deductor. If YES it amount to double taxation?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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17 January 2011 2.The employee has no legal remedy against his employer in case he refuses to issue the certificate except that the employee may intimate about such default to the employee's assessing officer and the employer's TDS officer, who may take appropriate action or initiate penalty proceedings against the employer.

3 & 4. Yes. The claim can be made in the employee's return. Department however will raise a demand which will not be enforced on the employee but on the employer.

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