04 April 2012
Dear Friends, One employer has dediucted TDS (around Rs. 14,000/-) from salary on monthly basis during the year 2009-10 but not remitted to the Govt. and form 16 not issued to the employee. Instead, the employer issued a letter to employee stating the details of TDS. Also, the employee has the pay slips to prove thet tax has been deducted by the employer. Now, dept. has issued notice to employee for around Rs. 25,000/-. There is no fault on employee's part. He paid tax by way of TDS. It is the fault of the employer only. The employer (a ltd. company) has stopped the business, but not liquidated. Now, what is the remedy for this ? Please share your views as early as possible.. Thanks in advance..
04 April 2012
He can file appeal and convince that the TDS has been deducted by the employer but not deposited showing salary slip and employer letter.
04 April 2012
The Ultimate responsibility towards income tax is of the employee. The empployee can claim the tds only if he has atleast either form 16 issued by the employer or on the basis of form 26AS from NSDL. In the present case, TDS has been deducted by the employer but payment has not been made to the govt.The Employee does not have any proof in his hand. Mere letter from the employer does not wipe out the liability of the employee. He will have to pay the taxes.
The employee can file suit for recovery against employer if he has the capabilities to do that.
CAclubindia
