tds not paid by employer

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This query is : Resolved

CA Pramod Jain (Querist)

05 February 2011 dear

one of my friend's company has not paid tds on his salary about rs.40000/- for fy 09-10 till date also they have not filled etds return.

however he has filled the it return claiming the tds, he has got salary slips and form 16 proving that tds has been actually deducted.

my question is that in case of refund if dept will give refund or they can raise the itax liability.

CA Pradeep Kumar Rajput

CA Pradeep Kumar Rajput (Expert)

05 February 2011 Department will not give refund but they will raised demand to the assessee......
Department will give refund of TDS on the basis of amount reflect in 26AS only....
However employee and ask the employer to file the TDS Return and after that the amount will reflect in 26AS......
Then your friend will file rectification u/s 154 after receiving intimation u/s143(1)

Guest

Guest (Expert)

05 February 2011 Agree with Mr. Rajput but you should raise the issue before ITO (TDS) and A.O. .They will take penal action against employer which will compel him to pay deposit the TDS. It is a serious matter and fit for prosecution.

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