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Tds is not deposited by employer

This query is : Resolved 
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(Querist)
27 March 2014 Dear Sir,
in government job employer deducted tds but wrongly deposited and employer is not revising his tds return due to that employee is not able to file his return. and form 16 provided by employer is fake so please suggest me for same
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Sanjana

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Sanjana (Expert)
27 March 2014 You can very much claim the same at the time of filing your Return of Income.

Just keep your Salary Slips safe, so that the same can be submitted as a proof to the Income Tax Officer in future.

Read the following case Law which clearly helds that the deductee can claim the credit of TDS even if the deductor has defaulted after deducting

[2007] 165 Taxman 144 (Bombay)/[2007] 293 ITR 539 (Bombay)/[2007]
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