Default by employer in paying tds deducted.

This query is : Resolved

CA Yasaswy Sarma Veluri (Querist)
Follow

12 June 2012 A Company has Deducted TDS for an amount Rs.1,70,000 from an employee and havent paid the same to the government and the employee has filed the return for the same. and now a notice u/s. 143(1) has been issued to the employee and he has been asked to the same along with interest as the TDS is not reflecting in 26AS.
the company is under liquidation and no proceedings can be taken against them.

what are the options available to the employee ?

Narendra

Narendra (Expert)
Follow

13 June 2012 Has to pay the tax.

CA Yasaswy Sarma Veluri

CA Yasaswy Sarma Veluri (Querist)
Follow

13 June 2012 Mr. Narendra

i have looked in to a mumbai high court decision which says the employee dont need to pay.

Yashpal Sahni vs Rekha Hajarnavis, Assistant ... on 18 July, 2007
Equivalent citations: 2007 (109) Bom L R 1537, (2007) 211 CTR Bom 1

Upgrade to CAclubindia Pro. Subscribe Now!