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
MR.PRAVEEN AS YOU KNOW VERY WELL, DEPARTMENT WILL NOT GIVE CONSIDER TDS UNLESS IT IS CREDITED TO THE ASSESSEES ACCOUNT. IN UR CASE ALSO THOUGH THE EMPLOYER HAS GIVEN DETAILS OF TAX DEDUCTED BUT IT IS NOT PAID. SO ULTIMATELY ASSESSEE IS LIABLE TO PAY THE SAID TAX