FAQ FROM INCOME TAX DEPARTMENT

​I have not received TDS certificate from the deductor. Can I claim TDS in my return of income?

​​Yes, the tax credit in your case will be reflected in your Form 26AS and, hence, you can check Form 26AS and claim the credit of the tax accordingly. However, the claim of TDS to be made in your return of income should be strictly as per the TDS credit being reflected in Form 26AS. If there is any discrepancy in the tax actually deducted and the tax credit being reflected in Form 26AS then you should intimate the same to the deductor and should reconcile the difference. The credit granted by the Income-tax Department will be as per Form 26AS. ​

REQUEST COMMENTS

a. what if the deductor is big company and you being an employee or Ex-employee can for force the company. 

b. what is the recourse.

c. should you claim TDS even not relected in form 26AS.

d. deductor will not give form 16, ready to give only his ledger entries showing TDS deductions on your account.

e. should the emplyee bear the brunt of TDS along with interest and penalty if the tax autorities raise demand.

f. is there any CBT ruling or judgements in this case.

g. if no recourse should the employee just fold up and pay to avoid litigation with tax authorities , on demand.