Wrong use on pan number

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2011 Dear All

I worked in a private ltd. construction company. They misuse my PAN No.in their TDS return for Assessment Year - 2008-09.
They shows diff. payment appx. to Rs. 9.90 lac as per 26 AS Tax Credit Statement.
Due to this I have received a series of notices from time to time from Income tax deptt.and i am continuously replying their all notices that I have never received any single paisa from my last employer as shown in 26 AS Statement in account of Contracting Business. For this i had already submit my copy of income tax return,all Bank A/c Statements and also a avidafit about the same. But Still I.Tax Deptt. Saying that Its your responsibility to prove that you are innocence. Go to your last employer and get a letter from them that they had never gives you these type of payments. Telephonically, I talked to my last employer , he is not ready to gives me any this type of letter.

So please guide me further rights which i have to prove me innocence. as also i am working with a new firm outside NCR so it is not possible for me to take leaves for various time.

Please Someone help .....

For any further info. Anyone can give me a call on 9711800217.

Thanks

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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18 December 2011 In case you have not received the payment against the amount credited in your name, you make it clear to the IT Authorities.
U/s 226(3), they have powers to recover the amount from the Contractee (Employer).

Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2011 Sir,
I provided all the supporting documents like bank statments, my income tax return with form 16. also submit an afidavit abou it., in last letter recd. from deptt., they send a letter to my last employer u/s 133 (6) , but they don't recd. any reply from them. after that i talked to my last employer, they said they send their reply to deptt. that we had not paid any amount to you., i told them please give me a copy of that communication. but they deniying.

Now what should i do as today is my hearing with i. tax deptt.

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Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)
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18 December 2011 As you have submitted all bank a/c,ITR & affidavit than no need to worry. Meet and talk to ITO. No need to talk to last employer. ITO can ask them about this payment and proof of payment like ECS and cheque no.they can not paid that huge amount in cash.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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18 December 2011 In case the employer does not reply, then your statement becomes more reliable in the law. You have to just maintain your stand firmly. The inquiry is on the right track and as such you just present yourself and play the same music.