Salary not paid/no form 16 by company

Hi,

I have not been paid any salary by my employer from March 2011.

1) Company deducted advance tax from the salary of month January and Feb 2011. But did not file TDS and also didnot issue form 16.

2)Company did not pay me salary for current financial year also from April 2011 to Feb 2012.

3) Now I want to join a new company in the month of March 2012. and the New company is asking for form 16 or copy of TDS certificate from last company.

4)If I am not unable to produce Form 16 for the period April 2011 to Feb 2012. Then at what %age the Tax should be deducted from the new salary for the month of March 2012.

5) If there have been no earnings till Feb2012 then should the income from new company be considered as the only income. In that case my salary for 01 month is below the taxable limit of 1.9lacs.

6)How can I tackle the issue of filing tax return for the current and last financial year. Am I liable to pay tax for the period April2011-Feb 2012 for which I have not received any salary.

 

Thanks for your response in advance.

Replies (3)

There is no Tax liability in your case.  You have to submit Bank pass sheet that explains you have not received any salary from your prior company and there is no tax liablity.

Thanks a lot Mr. Sivaguru

1) My company although deducted advance tax from my salary for the month Jan and Feb 2011.But didnot pay me any salary for the month of March 2011.

2)Also, didnot issue me any form 16 for the FY2010-2011. I requested my company again and again but they did not give me any form 16 as they did not file TDS. Now I could not file my Tax return for the FY 2010-11.

3)What should be my step in this regard? I cannot file my ROI without a Form 16 and also what should I do for the month of March 2011 for which I have not received any salary?

Can I file my ROI now? and how?

 

Thanks a lot

Dear Mr. Santosh

If the company not deducted TDS you need not file ROI for the relevant year i.e., FY 2010-11.  Even though you want to know the TDS deducted you may login your account in income tax website and there you can view form 26AS. I think this is suffice to your query.  If you want further clarification you may reach me to my Mail shivaguru4 @ yahoo.co.in

Thanku

 

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