Dear All,
Incase the company defaults in paying & issuing Form 16 on due date with regards to TDS of employee salaries, what would be the liability of employee with respect to paying tax?
1. Does he require to file the return?
2. what if he files the return without showing salary income?
3.What if he files the return with showing salary? does he require to pay tax since the employer has not deposited TDS in his account (26AS)
Your views are appreciated
Thanks & Regards
if company is liable for tax audit u/s 44ab then auditor must give comments on non-compliance of tds on salary.
and if company is not deducting and paying tds then employee have to file itr and pay tax accordingly
further u can view
https://www.simpletaxindia.net/2012/02/exemption-from-income-tax-return-filing.html
interest @ 1% pm from non deduction to till deduction and for late filling of return 200 per day and maximum penalty upto the amount of TDS
and if return filled beyond 1 year then its date of filling
then penalty of Rs.10000 (min) to Rs. 100000/- (max) will additionally be there
It is the responsibiity of the employer to deduct ,pay and file the TDS and TDS returns.
It will not redeem the employee from filing his return of Income expect in one case.
In my view, it is suggested to file the return of Income showing salary details also , you can also claim TDS dedeucted by the emplloyer. It may reflect in your account by the time assessment completes..
Thanks
Devivaraprasad
CAclubindia
