Filing of income tax returns
Satish N Shetty
(Querist) 25 February 2014
This query is : Resolved
I was an employee of a firm where I worked for entire 12 months and received salary for only 7 months as the company had cash crunch. while I received salary , tax was also deducted every month. This tax that was deducted has not been submitted to Income tax department. Requesting for advice on how do I file the IT returns. If I show the income, tax department will ask for tax against the same. But since the tax is already deducted, it will be as good as paying tax again.
also would like to know how do I recover my full and final settlement ( balance 5 months salary )
Rajendra K Goyal
(Expert) 25 February 2014
If you have received the form 16 then it is proof TDS was deducted from your salary. If not you can use salary slips for the purpose.
A taxpayer can preserve his salary slips at least till the time he gets tax certificate. Then if form 16 is not received, he can file his returns on the basis of salary slips (as TDS deduction by employer is mentioned in it). So, in this way, employee can get his claims even if the form 16 is not available. In other words, we can say an employee need not worry about paying taxes again on his income only to get form 16 from the employer.
In the case ;
Yashpal Sahni vs Rekha Hajarnavis, as reported in 2007 (109) Bom L R 1537. it was reported:
It was stated that it is a well settled principle of law that if a company bound to deduct TDS fails to deduct the same or after deducting it fails to pay the same to the Central Government within due time, then the company shall be considered to be a defaulter in respect of the tax and shall be liable to pay interest at the rate of 12% p.a. on the TDS amount.
According to Section 205 of the Act if tax is deducted at the source, the assessee cannot be asked to pay the tax himself.
In view of the above it was held that the revenue cannot recover the TDS along with interest from the petitioner, as such the petition was allowed. The revenue was directed to refund the amount deducted to the petitioner along with interest at the rate of 6%.
Rajendra K Goyal
(Expert) 25 February 2014
For payment of your pending salary you can send legal notice.
Sankaranarayanan
(Expert) 25 February 2014
Mr goyal given opt citation for you . you need not worry about whether the tax amount been remitted in the appropriate account of government or not . If the employer had default then they are liable to face all consequence You keep all related record in your safe and noted the above said judgment too. Sure it will help you employer .
