Non payment of professional tax

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prashanti pandit (Querist)
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01 August 2011 I am an MBBS. working on salary in a private firm (sole propprietorship) in mumbai, since 1999.

My employer has not deducted ANY professional tax from my salary for the entire duration...to date.

I have now recd a notice from the IT dept regarding nonpayment of professional tax...asking for an explanation.

whose liability is it to pay professional tax? Can i legally have my employer pay the penalty and interest...based on his noncompliance to rules?

what is the procedure? How much amount with interest will i have to pay in this regard...

I would be grateful if anybody can provide details on this.

Thank you very much

vijayakumar.sure

vijayakumar.sure (Expert)
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04 August 2011 It is the responsibility of employer to obtain registration under Profession Tax Act ,if he has employed one or more persons who are drawing salary in excess of5000/- per month. It is the duty of employer to remit the P tax to the department.
The rate of interest is one and quarter percent per month of the amount of such belatedly paid tax.
Yes you can make your employer liable to pay tax and interest.
And my question is that from IT or PTAX Authority, a notice had been received?
For the purposes, you can show all your form -16 for evidencing that you are an employee and not self employed professional.