shradha (service) (29 Points)
02 August 2014Dear all,
Could not do ITR filing for the year 2014 - 2015 due to Non issuance of Form 16 by the Company. The Company deducted the TDS but not deposited the tax amount to department due to financial crunch. Form 16 not been issued to the employees and ITR could not be filed by 31st July, 2014. Please suggest what to do.
Regards,
Anu Sharma
CA PALLAVI VOHRA
(Learner)
(140 Points)
Replied 02 August 2014
What an Employee can do in Case of Non - Timely Deposit by the Employer
A taxpayer can preserve his salary slips at least till the time he gets tax certificate. Then if form 16 is not received, he can file his returns on the basis of salary slips (as TDS deduction by employer is mentioned in it). So, employee can get his claims even if the form 16 is not available. An employee need not worry about paying taxes again on his income only to get form 16 from the employer.
In case of e-filing, TDS certificate number is not compulsory.You can file your return even without TDS certificate if you know the TAN of your employer, which can be obtained from last year's Form 16 too.The situation would have been different when employer had not deducted TDS from your salary. In that case you were responsible to make payment of advance tax/tax as the case may be.
In the present case if your retun will fall under scrutiny, your employer will be prosecuted and he will be liable for interest and penalty and not you.
Tribhuvan Aditya Singh
(Student as well as Self-employed)
(3710 Points)
Replied 02 August 2014
CA-AK
(CA)
(600 Points)
Replied 03 August 2014
Employee need not pay the portion of tax deducted by employer. Required to pay the balance amount.Department will not raise the demand for that.
Mihir
(Wealth Manager)
(5293 Points)
Replied 03 August 2014
Agree with above answers. If the TDS amount is small, you pay the self-assessment tax and file the ITR. And ask the company to reverse the TDS entry and refund the TDS amount to you.
CA PRIYANSH SURYAWANSHI
(M.Com M.A. Economics CA)
(1294 Points)
Replied 03 August 2014
Do not worry
Ur TDS has been deducted but not deposited.. It was the duty of ur employer and not urs
Penalties will be imposed on employer... U can file ur IT return till 31st mar 15 also...
U wont have to pay any interest or penalty......
But ask ur employer to deposit ASAP.....
Anubhav
(Chartered Accountant)
(429 Points)
Replied 04 August 2014
Hi
I would advise you to get the form 16 from your company or get the money refunded as you will be entangled into department cases if you claim this TDS. That will be sheer waste of time and resources.
Otherwise all the answers are perfect as per the law. But my experience says, sort out the matter yourself, IT department is quite slow in solving such cases.
For any further query kindly PM or mail me.
AJH & CO.
anubhavjain @ ajhco.in
9868729930
CA.Leela Kumar
(Deputy Manager)
(129 Points)
Replied 04 August 2014
Hi guys (Note:- Please read the data fully then only give me the suggestion or reply)
My problem is I left the company in Mar-2014 and my previous employer deducted TDS from my salary but the same is not shown in 26AS. On enquiry I came to know they were taken wrong Pan No and they said they will do revised TDS return. They are given form-16 to me which shows TDS deducted and deposited in my a/c with Traces
What is the solution available to me around 100000/- TDS is deducted and I have not filed the return. Can I keep quiet until the problem is solved or what is legal action that i can proceed against the emploer
Mihir
(Wealth Manager)
(5293 Points)
Replied 04 August 2014
Keep following up with them to revise the TDS return immediately, and if necessary, write a letter to the company addressing the MD and ask them to revise the TDS return or you will file the ITR followed by an explanationto the ITO that the company has failed to revised the TDS return and depriving you of availing tax credit.
Since form 16 has been issued to you, your side is strong even before the ITO.
CA.Leela Kumar
(Deputy Manager)
(129 Points)
Replied 04 August 2014
Dear Mihir,
Thank you for your reply and I decided to file the return by giving TAN no of the employer at respective places in IT filing
Thanks & Regards
CA Leela Kumar
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