Employer not providing payslips & not depositing tds with it

Any TDS which is deducted from your income is deposited by the deductor to the government against your PAN number. This way, TDS deducted against your income is linked to your PAN and can be viewed and verified from your Form 26AS.The income tax department will only allow you to claim TDS in your income tax return which is mapped to your PAN and is reflected in your Form 26AS.Bring this notice to the I.T. officials. 

Apparently employer is involved in some violations that is why it is not issuing salary slips showing earned wages and statutory deductions.

You have been following up verbally or in writing under proper acknowledgment?

One Prspective: 1st write to payroll executive/HR person/HR Head /Finance head then escalate to good offices of apppointing authority, MD, under proper acknowledgment with a copy to you. Remain amiable and gentle.

Another Prspective: You may take up with IT/ITeS employee’s union, Trade Unions for help and support, a very able counsel of unshakable repute and integrity at your location, specializing in Labor/service matters.

Your cousel may also suggest to approach:

Inspector appointed under Shops & Estbs Act and he/she can relate and act in accordance with Shops & Estbs Act and Shops & Estbs Rules

Inspector appointed under Payment of Wages Act

O/o Labor Commissioner

Higher Officials of Dept. of Labor

ITO-TDS where you file ITR

CIT-TDS where establishment files ITR

In case in your state IT employees are covered by Min Wages Act then Inspector appointed under the Act may also be approached.

If you are apprehensive of employment as posted by you then look for another employment without waiting for long.

Before that write under proper acknowledgment, build irrefutable written record for future referenced and use at appropriate time in appropriate forum. Remain amiable and gentle.

Thank you Rama chary sir & Kumar sir.

Our company is not that big to have a separate HR/Fin departments. Unfortunately, we had a lot of verbal discussions with our sole boss. And we don't have anything formal to prove that TDS is deducted. We have offer letters with our CTC and the payments in bank (net salary) reflect the name of the company. So, it is easy for anyone to guess that the TDS is deducted by the employer, as the CTC - Net Salary would always be deductions. We have neither taken any loan from employer nor salary advance, so there is no chance that the difference is to offset the salary advance.

One new thing that he is saying is that the deducted amount will be paid in 2 instalments and we have to file our taxation showing as contractor etc., 

1. Is it possible to file returns on the net salary we received last year? I think he is trying to save himself by not providing Form 16.

2. Can we file our returns without Form 16, saying that the TDS is deducted?

Please advise.

Thanks in advance!

Originally posted by : KrishnaHyd
	Thank you Rama chary sir & Kumar sir. Our company is not that big to have a separate HR/Fin departments. Unfortunately, we had a lot of verbal discussions with our sole boss. And we don't have anything formal to prove that TDS is deducted. We have offer letters with our CTC and the payments in bank (net salary) reflect the name of the company. So, it is easy for anyone to guess that the TDS is deducted by the employer, as the CTC - Net Salary would always be deductions. We have neither taken any loan from employer nor salary advance, so there is no chance that the difference is to offset the salary advance. One new thing that he is saying is that the deducted amount will be paid in 2 instalments and we have to file our taxation showing as contractor etc.,  1. Is it possible to file returns on the net salary we received last year? I think he is trying to save himself by not providing Form 16. 2. Can we file our returns without Form 16, saying that the TDS is deducted? Please advise.   Thanks in advance!

Are you a contarctor?

You as employee should be truthful to all authorities including ITax.

The transgressions with such authorities can be unforgiving.

Sir,  I meant Employer (my mistake in typing employee.. sorry) wants to get away without paying penatly.. that is why I am thinking that he is asking us to show as contractor. I don't have any intentions to evade tax. I have taken address proof certificate from employer after 15 days of my joining the company and the letter also says that I am an employee... Please advise.

Thanks in advance!

Form16 should be issued and employee should obtain it.

It has already been posted to check with:

ITO-TDS where you file ITR

CIT-TDS where establishment files ITR

Likwise for salary slips and other matters suggestion has been made.