Kindly resolve my query & provide me guidance.
Query:- I was working with an Infrastructure company based in Mumbai for past 5 years.I resigned from the company giving 3 months advance notice (accepted by the company).
Since the company(Employer) is suffering from a financial crisis,the salaries were delayed.
In FY 2013-14,I served the company till Feb,15th,2014,as I had given 3-months advance notice of resignation in Novemeber,2013. As stated earlier that the employee salaries were delayed.I received only 3 months salary(Apr,May & June'13) in FY 2013-14.
Also,the company has not issued Form-16 at the end of Financial year.The finance Dept. of the company(Employer) replied to my mail saying that the company has not deposited TDS due to current financial conditions,hence they can't issue form-16.
As a result of the same,I have not filed ITR for FY 2013-14.
Kindly advice what steps should I take in my case.
I received Gratuity for the entire period of my employment in Aug,2014.
Currently,the company has still not settled my salary from July,2013 to Feb,15th,2014.Also,my Travelling Allowance of 15 Months remains unpaid.
Can Income Tax Department levy interest or penalty from me because the delay has been caused by my Employer(Company) on 2 fronts (i.e.) first on issuance of TDS Certificate & second on payment of Salary ?
Furthermore,in case my employer settles my salary in 2016,will I be liable for Interest & penalty on the tax due in 2014 ?
Best Regards,
Debojit Pal.
CAclubindia
