Regarding tds

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Employer of one of my friend has deducted TDS but he has not deposited yet. Neither he has given Form 16. My friend has not filed her ITR for AY 2016-17 in fear that she will have to pay demand or will get notice from department. What shall be solution in this case?
Replies (3)

Negotiate with the employer. Adk them to file quarterly returns and for issue of Form 16. Penal provisions may be highlighted. Or else cliam from them the TDS amount retained by them

The CBDT has recently released a circular directing its assessing officers to check the facts of the case and not put tax payers at an inconvenience where there is default in depositing tax by the deductor.

In case TDS has been deducted from your income and has not been deposited –

  • Maintain proofs of your TDS deductions from sources such as payslips, Form 16Form 16A
  • You can write a clarification to the AO with the details of the matter
  • If you have received a demand you can raise a rectification request

Thanks a lot for your valuable suggestions!


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