Tax Consultation (US and India)
2970 Points
Joined September 2011
If you have form 16 then it means that your employer has deducted your tax at source,though the same might not be credited by your employer to the central government So the default was of your employer in this case. There is s 205 which stipulates that if tds is deductible & is DEDUCTED by the deductor ,who has not paid the same to the cg then AO will not raise demand on deductee
This however is only in respect of demand of taxes. For penalties you will have to talk to them
There is penalty of Rs. 5,000 u/s 271F for failure to file return of income by the end of relevant assessment year. But S.273B stipulates that penalty can not be imposed for failure referred to in S.271F, if he proves that there was reasonable cause for failure