Assistant
25 Points
Joined August 2011
Since credit is not reflected in Form 26AS, looks like the employer has not paid the tax to dept according to clause 1A of section 192. If non-deduction was the case, he would have been treated as assessee in default and
1. Interest will be charged under clause (1A) of section 201 and,
2. Penalty u/s 221 will be charged and,
3. Penalty u/s 271C will be charged( but only by Jt. commissioner). But this is not the case.
Here, he didn't pay to department and he will be treated as assessee-in-default, and the terms are:
1. Interest will be charged under clause (1A) of section 201 and,
2. Penalty u/s 221 will be charged and,
3. Prosecution u/s 276B will be started
So, all responsibility is with the tax deducter and the contractor/employee don't have to worry. The TDS Certificate u/s 203 (Form 16 in this case) will be sufficient to prove before the assessing officer. But if you got time, I suggest taking up the matter with the deductor- to know if any fraud is going on.