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Q.Company did not deposit TDS to the government

Q. Company did not deposit TDS to the government

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Anonymous

posted 2 months ago

Hi.I worked in a company from 01-04-2017 to 06-08- 2018. For Financial year 2017-18 Company deducted TDS on my salary but didn't deposit it to the government, hence not issuing 'Form 16'. My 'Form 26 AS' also has no TDS credit for FY 17-18.I have pay slips as a proof that company had deducted TDS .At present I am not working in the company . so I want to know what is the legal remedy I have to recover from them so that I can file the IT return and I don't get demand notice from income tax department.

Showing 6 of 6 Responses

A. Dear Client,
You need to know the following:
TDS deducted but not deposited:
As it may happen, your employer may have deducted the tax from your salary but has failed to deposit the same against your PAN with the government. ... However, the tax deducted during the year (as shown in the TDS certificate) must also reflect in the department's record in Form 26AS.
What happens if TDS is not deposited by Employer?
No demand on taxpayer if TDS deducted but not deposited by deductor. When your employer or any other deductor deducts TDS from your salary/income they must deposit it to the income tax department against your PAN. Hapless taxpayers write to Income Tax Department of Government of India asking what to do when TDS is deducted but not deposited by the employer.
If TDS not reflected in 26AS
As a result, TDS is not reflected in Form 26AS. This is a common scenario in banks where depositors do not provide their PAN and their TDS is deducted when the interest amount crosses Rs 10,000. In such cases you have to: Contact the deductor to file the TDS return if the deductor has not yet filed.
After meeting the Income Tax Officer, just let me know the ourcome.
Shanti Ranjan Behera,Advocate

Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 months ago

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A. Dear sir, your company has breached the trust. you may represent the company to send the TDS to govt. Any how for details, contact some tax lawyer through vidhikarya.com

Rajender Prasad

Experience: 5 Year(s)

Responded 2 months ago

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A. Dear client it's a criminal misconduct so better way to go through experienced lawyer

Deepak Bade

Experience: 9 Year(s)

Responded 2 months ago

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A. Since it is a criminal misconduct, you van engage a local lawyer or us for the same.

ARPIT BATRA

Experience: 11 Year(s)

Responded 2 months ago

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A. Dear Sir,
You can make a big issue out of it as employer manipulated records, it is a criminal offences.

For full procedure contact me through Vidhikarya.

Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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A. NON DEPOSIT OF TDS AMOUNT IS CRIMINAL OFFENCE, YOU COMPLAINT TO THE ASSESSING AUTHORIY OR JURISDICTION COMMISSIONER OF THE EXPLOYER WARD, BEFORE THAT SEND THE LEGAL NOTICE TO THE COMPANY ABOUT ISSUE,

SUNDARAVADIVELU VELU

Experience: 10 Year(s)

Responded 2 months ago

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