Company not giving form16, paying pending salary & pf

Hi

Have you received appointment letter/Confirmation letter? Have you received payslip? whether TDS & PF has been shown in your payslip.

If yes then on the basis of the same send them a legal notice to produce form 3A to check your PF balance & on the basis of same you can confirm with PF dept for your PF.

Also you can view yout Tax credit in Statement 26AS, if credit is not appearing there then on the basis of TDS shown in your payslip you can demand for form 16, since if tDS is deducted it is mandatory to issue form 16 by 30 of May for employer.

Rg//Vaibhav

Thanks Vaibhav for the quick response

1) I have the Offer letter, Confirmation Letter (6months of joining), payslips from the company

The PF number suppied in the payslip does not seem to be valid on the website.

The finance department explained this is because the payments "were not processed" yet. Its been 6months since I left the organization

2) The Form26AS does not show any tax submitted by (Acropetal Technologies) ie; my previous employer. They accepeted that they haven't paid the money t government instead gave some document (doubt its validity) stating they have deducted the TDS but no deposit was made yet.

What could I do?

Well this is a matter of law rather than income tax. You have to send a legal notice. Additionally, you may write a letter to your assessing officer stating the facts about non deposit of deducted TDS. I wonder how auditors of your company audit accounts and give a clean report, be it stautory or tax or internal auditor.

Regards,

It is income tax law to deduct TDS and to deposit the TDS in time or else a interest will be payable by the company to IT dept.

You can write a letter to the company stating that if TDS certificate is not given to you within 15 days, then a legal notice shall be issued to the company CC to IT dept and EPF dept.  Then wait for 15 days. It is very difficult to handle IT dept and EPF dept in case the company defaults in matter of compliance.  

Dipjoti, Mihir: I have written several (30+) emails to the MD (Ravikumar Reddy), CEO (Subbu Iyer), VP of Finance (Ganesh MV), Assistant VP of Finance (Srikanth MA) without getting any resolution to my issue. During my telephonic conversations they accepeted that the TDS though deducted, is yet to be paid by the company to the government. Since it is a listed company, i have tried writing to SEBI also about the issue regarding compliance (failing to share Form16, PF) but noticed there is already enough pending complaints against the company.

I am sorry for the situation you are in. This proves that in reality there is no corporate governance in place and everything is in paper and books only thouigh there are lots of seminars, workshops are held every day by different Bodies.

You write to tax department as advised earlier and also to auditors of the defaulting company. No need to email to MD, CEO etc. One day they will simply vanish.

Regards,

People like us are normally averse to court and court proceedings. We avoid filing a suit in a civil court even if there is a hope of some financial gain. I know someone who sent many legal notices to a company for failing to pay off gratuity amount (in lacs of rupees), but eventually the employee gave up because it is too stressful and time-consuming to go legal. And the company is doing well and using the money which was payable as gratuity to the employee.

Choice is yours, either you let go or send a legal notice to the company, in which case even then there is no guarantee that you will get what you are expecting. 

Dear Sir,