Defaulter organization

ITR 223 views 6 replies

Hello Bye

IT Employee

6 Points Joined July 2016

Current situation for FY 2015-16, Organization has

Salary paid from April 2015 to September 2015.
I left the organization in February end.
Salary from October 2015 to Feb 2016 has not been paid yet.
Has issued salary slip from April 2015 to Feb 2016 with all breakup details and shows TDS deducted as well.
TDS has not been deposited with the government yet. Form 26 does not show anything.
Not issuing Form 16 now.

Question:

While filling return for FY 2015 - 16, should I do calculation of income from April to September or April to Feb ?
What is my liability towards paying income tax as TDS has already been deducted from my employer and is not depositing with the government now?

Please suggest.

Replies (6)

Mehul Bhanushali

CA in Practice

174 Points Joined December 2012

Salary income shall be shown from April to Feb even if it has not been received but it has been accrued to you and that organisation is claiming it as expense irrespective of the fact that it has not been received.

With respect to TDS u shall pay the TAX now, and file your income tax return as you have the option to revise your return if the organisation deposits the TDS and it reflects in your 26AS. Revising the return will help you claim the excess tax paid by you via refund.

Hello Bye

IT Employee

6 Points Joined July 2016

Should I be paying tax on salary of 11 months from my own pocket even when TDS was deducted from the salary ?

Are you saying that company doesnot have any libality towards non payment of tax to the government ?

Purushottam Lal Garg

Senior Accounts Executive at Chanson Mot

83 Points Joined May 2014

You should enter TAN no. of employer and amount of TDS

Purushottam Lal Garg

Senior Accounts Executive at Chanson Mot

83 Points Joined May 2014

You should enter Employer TAN no. & amount of TDS deducted in your ITR manually. At time of demand you can provide form 16 to prove tax was deducted but not deposited. There is penalty for non deposit of tds to government. But you have to prove in any way.

Hello Bye

IT Employee

6 Points Joined July 2016

Companyis not issuing Form 16 but i have all the salary slips that shows TDS deducted. will that work ?

Purushottam Lal Garg

Senior Accounts Executive at Chanson Mot

83 Points Joined May 2014

Yes if you have company's salary slip which also showing TDS deducted & proper in all aspects then department will send notice to company with penalty for non deposit of tax to government.