Tds not submitted by employer

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Ankush

Private

23 Points Posted on 19 May 2014

One of my clients (individual employee) has been sent a notification u/s 143(1)a by the Income Tax dept as there is a difference in the TDS he has claimed vs the TDS credits that are visible in his 26AS for AY12-13.

My client has claimed the TDS as per the Form 16 issued to him by his employeer, but the employeer has not deposited the TDS fully. My client has followed up with his employeer, but he is not getting any response from their side.

What are the options available with my client and how should he respond to this Notification? Suggestions on this would be really helpful.

Thanks1

Ankush

Replies (5)

praveen

Chartered Accountant

5709 Points Posted on 20 May 2014

In case he has a form 16 signed and sealed by his employer he can go ahead and produce the same before the income tax department. The department cannot simply disallow the credit just because the credit doesnot appear in the form 26AS.

There are a few caselaws as well you could search and use it in your reply.

Please visit capraveenmr.wordpress.com for any queries contact me at mrpraveen @ live.com

Mihir

Wealth Manager

5358 Points Posted on 20 May 2014

This circular should help you.

Tribhuvan Aditya Singh

Student as well as Self-employed

3853 Points Posted on 20 May 2014

give a reply against the notification stating the facts and also enclose form 16. you will get the tds credit

srinivasan

service

608 Points Posted on 20 May 2014

Once your client produces the form 16 to the it Dept they are bound to give tds credit as per certificate. They will seek explanation by serving notice u/s 133(6) to the employer and cannot proceed against yoh r client who is an employee

Ankush

Private

23 Points Posted on 20 May 2014

Thankyou all for your helpful repsonses!

Is there a way to reply to this notification onlineor over e-mail as the notification was received on an email? I couldn't find any such link on https://incometaxindiaefiling.gov.in

Please suggest

Thanks