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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2011 Dear All,

My employer had issued Form 16 for FY 2009-10 to me. After that i had resigned the company. Now they are saying that they had revised the computation and added few more income and deducted TDS and deposited the same to Govt. They are demanding that i should reimburse the TDS amount along with Interest on TDS to them. Can an employer ask for the recovery? What will happen to the validity of the Form 16 issued by him?

CA Shyam Agrawal

CA Shyam Agrawal (Expert)
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30 May 2011 No,tds is responsibility of employer. So you should not worry and if you have filed your return then ok otherwise file it with yoiur correct income & tds. Form 16 is valid.
If employer has less deducted the tds then employer will pay and not you.

Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2011 Dear Shyam,

Thanx for your valuable reply. But employer is demanding that as i was the accounts manager i was responsible for deducting TDS. So i should reimburse the same. But the actual thing happened that Our GM at site insisted on taking the benefit. I was no way responsible for the short deduction. The short deduction was added during the audit for FY 2009-10 after my resignation. In this scenario plz advise me whether i have to reimburse the TDS amount or not??

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CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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30 May 2011 The Scenario can be changed by explaining the situation in the manner that you have already filed your return. As such you can not show it now in your return.
Had they informed about the short deduction earlier, you could reimburse the amount.

CA Shyam Agrawal

CA Shyam Agrawal (Expert)
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31 May 2011 Sir no need to worry.
I hope you have filed your return also.you go ahead with your Form 16 which has been issued to you.