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.