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Tax query (tds - form 16)

Tax queries 812 views 2 replies

Dear Experts,

Kindly resolve my query.I am working in a multi-national company head-quartered in Mumbai.In FY 2013-14,I was paid salary for only 3 months.But my employer(Company) deposited TDS for FY 2013-14 on my salary of 6 months.As for the remaining 6 months,I attended office regularly but the employer neither paid salary for 6 months nor deposited TDS on remaining 6 months salary.

However,in FY 2014-15,the company paid salary of only 6 months,and that too after a delay of 1-2 months from the due date for each month's salary.

When I got a copy of Form-16 from my employer for FY 2013-14,I observed that it is totally different from the Form-16 of FY 2012-13.I am not able to understand whether my company has taken into consideration,the interest paid on my home loan during FY 2013-14,as the TDS certificate for FY 2012-13 showed deductions for Interest paid towards home loan,whereas TDS certificate for FY 2013-14 doesn't show that separately.
When I tried to clarify this from the Finance Department of my company,they said that they have done the necessary deductions.But I really doubt that because my people from Finance Dept. of my company resigned during the time when company audit was going-on.
Hence,my query is : Can a Taxpayer(employee) verify online or by any other mode whether the employer made necessary deductions for home-loan interest while paying TDS on my salary for FY 2013-14 ?

If my employer has failed to make necessary deductions for interest paid towards home-loan for FY 2013-14,how can an employee(Tax-payer) get it rectified ? What is the limitation period for raising the request for such rectification with the Income-Tax Department ?

Furthermore,my employer has convenient evaded paying 50% of the actual TDS on employees salary for FY 2013-14.Whereas he continues to give us salary for 6 months in FY 2014-15.Kindly let me know whether this is legal? We still haven't been paid salary from October'13 - March'14 for FY 2013-14.
Whereas,the employer(Company) has paid our salaries till Dec,2014 for the FY 2014-15.
I am very confused what to do next !

Will I be penalized for the delay in payment of taxes for FY 2013-14,even tough the company has defaulted on payment of salaries & depositing TDS on unpaid salary for FY 2013-14 ?

Kindly advice.

Your's Thankfully,
Debojit Guha.

Replies (2)

As per S. 15 Salary is taxable on due basis (Whether it is paid or not)

Do check form 26AS to know how much credit you have been given.

You have not mentioned the period properly so am unable to ascertain properly

 

But if salary was not paid then there would have been no tax deduction either since S.192 tells to deduct tax at the time of PAYMENT, but by virtue of S 15, you are liable to pay the tax thereon

[If tax was deducted and shown in form 16 then you wont be liable to pay tax on the amount so deducted (S.205)]

 

Since it is your liability to pay the tax , the burden does lies on you but however you may get credit for tax which will be deducted by your employer

 

We will have to recalculate the tax to know whether they gave deduction or not

First of all, Responsibility to deduct and depositing TDS on salary vests with employer. If he defaulted then he(Employer) will be liable to pay Interest for Non deduction and Non payment of TDS to the credit of Central government. You being employee no need to concern about penal and Interest provisions. Next Form-16 is conclusive evidence to claim TDS while computing and Filing Income tax return. As "Z" said you can check in form 26AS the credit you had as TDS but if employer deducted and failed to paid to govt. then it will not reflect in 26AS. You can go with form 16. and as "Z" said employer liablilty to deduct TDS at the time of payment only but not on due basis. Coming to F.Y 2012-13, he deducted TDS for 6 months even you receive salary for 3months. As an assessee while filing IT Return you have to offer your salary Income on due basis even you dont receive salary actually. so while filing IT return for F.Y 2012-13 your can take credit for 6months from Form 26AS. so no problem at all for you. and coming to F.Y 2013-14, Pls check form 26AS with Form 16 issued by your employer. If interest on home loan is not considered in form 16, it is conclusive they have not taken credit of it. No problem while filing IT return for F.Y 2013-14, you can take credit of it if conditions mentioned in Income tax act met by you. Pls dont concern your employer default in deducting TDS as it will lead to Penal provisions on him but not on you. You need not to lodge request for Issue of Rectification order as it is not your default!


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