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TDS certificate by employer not issued

CA. Roopali Kadam (Jobs on assignment basis.) (1459 Points)

09 June 2011

Employee is having salary around 4lacs. Every month employer paid salary after tds, pf, prof tax. no salary slip was given. 26AS is not showing any tds from this employer. employer even delayed the payments by 2-3 months. last one month salary still outstanding for that previous year. now he is not issuing any tds certificate. exact tds amount cannot be determined. is there any way to make employer issue tds certy. without tds certy how should i file the return

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9 Replies

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 09 June 2011

IF 26AS IS NOT SHOWING THAN IT MEANS TDS RETURN IS NOT FILED

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CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 09 June 2011

FIRSTLY CONVEY HIM FOR THIS ONOTHER WAY IS IF YOU HAVE PROPER RECORDS OF DEDUCTION THAN FILE AGAINST HIM WITH THE DEPARTMENT

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 09 June 2011

Originally posted by : Roopali Kadam
	Employee is having salary around 4lacs. Every month employer paid salary after tds, pf, prof tax. no salary slip was given. 26AS is not showing any tds from this employer. employer even delayed the payments by 2-3 months. last one month salary still outstanding for that previous year. now he is not issuing any tds certificate. exact tds amount cannot be determined. is there any way to make employer issue tds certy. without tds certy how should i file the return

1) salary has been paid by cheque or netbanking, as 4 lacs salary can not be paid in cash, obtain records

2) regarding deduction of PF/PT deduction, how the emplee get ensure of correct amount without slips?

3) ask the employee to get in touch with DDO/Accounts of employer to get correct view and details

4) in case of non co-operation, u can write to "incometax ombudsman"

1 Like

CA. Roopali Kadam (Jobs on assignment basis.) (1459 Points)
Replied 09 June 2011

in joining letter salary of 50000pm was confirmed by employer. he paid only 42000pm. these are the only proof.

he didnt gave salary slip and tds certy

he does this thing with many employees. he makes delayed payments. keeps salary of 2 -3 months outstanding. such irregular salary receipts frustrates employee. negotiations takes place. employee finally have to forgo atleast a month's salary and have to forget about tds.

what this employee has to do?

1. file return with 42000pm salary or 50000pm

2 if 50000pm then what about tds - should pay taxes again on 50000pm with interest or claim tds-if claim tds which amount

3. can he seek dept help or atleast employer's this salary amount should not be allowed as expense in his return by the dept.

i am too confused

CA. Roopali Kadam (Jobs on assignment basis.) (1459 Points)
Replied 09 June 2011

Originally posted by : U S Sharma
	Originally posted by : Roopali Kadam Employee is having salary around 4lacs. Every month employer paid salary after tds, pf, prof tax. no salary slip was given. 26AS is not showing any tds from this employer. employer even delayed the payments by 2-3 months. last one month salary still outstanding for that previous year. now he is not issuing any tds certificate. exact tds amount cannot be determined. is there any way to make employer issue tds certy. without tds certy how should i file the return 1) salary has been paid by cheque or netbanking, as 4 lacs salary can not be paid in cash, obtain records 2) regarding deduction of PF/PT deduction, how the emplee get ensure of correct amount without slips? 3) ask the employee to get in touch with DDO/Accounts of employer to get correct view and details 4) in case of non co-operation, u can write to "incometax ombudsman"

1) by cheque

2) employee many times went to employer for salary slip but they never gave one

3) What is DDO/Accounts

4) thanks for this new option that i didn't knew. can u tell me more about this.

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U S Sharma (glidor@gmail.com) (21063 Points)
Replied 09 June 2011

3) accounts department

4) Incometax ombudsman is situatated in every region , it works over the commissioner for redressal of grivances of tax payers.

1 Like

(Guest)

It is very very clear that it is intional fraud.

How:- becuase the employer took all precautions that there is no record to prove your point.

the only proof i understand is appointment letter. but this may not serve any purpose to take any action.

Hence I advise you to advise yr. client to take the help of other employees and collectively approach their employer first. see his / her reaction.

then accordingly approach court of law collectively.

But just for the sake of TDS if you approach the income tax dept. it is a waste.

The dept. will not take any action. I repeat

The dept. will not take any action. I repeat

The dept will not take any action.

If you go to salary ''Range " in the income tax office in the after noon, there will be few 10's of employees arguing with the income tax dept. officials for not giving credit inspite of filing Form 16s with the return. The dept. expresses its helplessness of giving credit as long as their employer files form24Q-that means deposits cash in the bank etc. are fulfilled.

If the Income TAx dept. is interested in protecting the interests of tax payees why can't it take action against the companies for issuing Form 16s without fulfilling all formalities.

In this case I really appreciate the employer of your client for not issuing Form 16. Had he issued you can't ask him the TDS deposit particulars.

Now when I approached the companies (Including MNCs)of my clients they are so carelessly replying that no one can ? them except the Income TAx Department.

The Income TAx dept. does not want to initiate any action against the erring companies as they do not want to hurt those who are feeding them.

i.e. just as the present day central govt. does not want to entertain anna hajare or ram dev baba.

For that matter Central Govt. style of functioning is thus.

If you go to PF office and say that your account is not reflecting the deductions your employer made. It will not take any action. instead it asks you to go back to your employer and persue.

If you go to ESI Clinic then also same thing.

1 Like

CA. Roopali Kadam (Jobs on assignment basis.) (1459 Points)
Replied 10 June 2011

Originally posted by : ram babu
	It is very very clear that it is intional fraud. How:- becuase the employer took all precautions that there is no record to prove your point. the only proof i understand is appointment letter. but this may not serve any purpose to take any action. Hence I advise you to advise yr. client to take the help of other employees and collectively approach their employer first. see his / her reaction. then accordingly approach court of law collectively. But just for the sake of TDS if you approach the income tax dept. it is a waste. The dept. will not take any action. I repeat The dept. will not take any action. I repeat The dept will not take any action. If you go to salary ''Range " in the income tax office in the after noon, there will be few 10's of employees arguing with the income tax dept. officials for not giving credit inspite of filing Form 16s with the return. The dept. expresses its helplessness of giving credit as long as their employer files form24Q-that means deposits cash in the bank etc. are fulfilled. If the Income TAx dept. is interested in protecting the interests of tax payees why can't it take action against the companies for issuing Form 16s without fulfilling all formalities. In this case I really appreciate the employer of your client for not issuing Form 16. Had he issued you can't ask him the TDS deposit particulars. Now when I approached the companies (Including MNCs)of my clients they are so carelessly replying that no one can ? them except the Income TAx Department. The Income TAx dept. does not want to initiate any action against the erring companies as they do not want to hurt those who are feeding them. i.e. just as the present day central govt. does not want to entertain anna hajare or ram dev baba. For that matter Central Govt. style of functioning is thus. If you go to PF office and say that your account is not reflecting the deductions your employer made. It will not take any action. instead it asks you to go back to your employer and persue. If you go to ESI Clinic then also same thing.

Atleast employer should not get the benefit. You are correct they are fraud. this expense should be disallowed by dept. is there any mechanism where we will prove that tds, as required, was not paid to govt by employer or anybody else

Sarita (Article) (154 Points)
Replied 30 June 2011

"Originally posted by : Roopali Kadam

Employee is having salary around 4lacs. Every month employer paid salary after tds, pf, prof tax. no salary slip was given. 26AS is not showing any tds from this employer. employer even delayed the payments by 2-3 months. last one month salary still outstanding for that previous year. now he is not issuing any tds certificate. exact tds amount cannot be determined. is there any way to make employer issue tds certy. without tds certy how should i file the return

1) salary has been paid by cheque or netbanking, as 4 lacs salary can not be paid in cash, obtain records

2) regarding deduction of PF/PT deduction, how the emplee get ensure of correct amount without slips?

3) ask the employee to get in touch with DDO/Accounts of employer to get correct view and details

4) in case of non co-operation, u can write to "incometax ombudsman"

I agree with Roopali.......