Lets consider a case where the employer has deducted tax at source on salary of his employees but doesnt pay the same to the govt. The employer issues form16 to its employees in which all the tax deducted by him is certified.
Now when the employee attempts to verify the said tax deducted with form26AS, it will obviously not tally with form16 because the employer defaulted in paying the TDS and filling TDS returns.
So now what this employee should do? Should he consider the amount of TDS as per form26As or what is certified by his employer in form16?
In my view of course the employee should consider the tax that has been deducted by employer (as certified in form16). He has every right to claim the taxes that has been deducted on his income. Why the employee is going to suffer because of the default on part of his employer? Why people are giving so much importance to form26AS? Some are of opinion that one can claim only what is shown in form26AS.
Experts opinion solicited.
Regards
CAclubindia
