TDS Not Remitted - Employee

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This query is : Resolved

Nagaraj Achar (Querist)

02 June 2009 Employer who had deducted the taxes on salary & not remitted the taxes for the wholhoe year & the in the company is in the process of closure. What would be the status of Tax Credit to the employee ??

CA Tilak Raj Sharma

CA Tilak Raj Sharma (Expert)

02 June 2009 Tax credit cannot be granted as no tax has been deposited with IT deptt. You need to ask the employer to refund your deducted amount.

Nagaraj Achar

Nagaraj Achar (Querist)

03 June 2009 But then, the Employer is in the process of closure of the company. The employee received the notice (based on the ITR filed by him) since the tax is not remitted by the employer. Can the employee go for the Appeal with the IT Department??

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)

05 June 2009 Yes, definitely there cannot be unjust enrichment of anybody at the expense of other.
The higher authorities in my opinion would allow the claim of the assessee and initiate penalty proceedings against the company.

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