Regarding form no. 26as created liability on company or not?
AMIT GOYAL
(Querist) 20 May 2012
This query is : Resolved
Dear Sir,
If any Sub contractor works in any Company & Company issued Form No. 16-A & showing Form No.26As on Income tax site. But Company says that Sub Contractor was not work with them. Whenever company has been issued Form No. 16-A & show Form No. 26As. In that case, As per Form No. 16-A & Form No. 26As, is Company liable/responsible for payment or not?
will company responsible/liable for liability /payment of sub contractor or not?
Please Reply for the same.
I shall be very thankful to you for the same.
A V Vishal
(Expert) 20 May 2012
What are the facts of your case?
C. P. CHUGH
(Expert) 20 May 2012
Form 16-A issued by any deductor to deductees is exclusive proof of having accepted the bills of vendors/contractors/sub-contractors and can be used as preliinary evidence in tehe court.Although it can be inferred that the company accepted your bills, but onus to prove that those bills remaained unpaid would lie upon you. Form 26AS is not exclcusive proof as the details in Form 26AS get regularly updated and are always subject to correction of any wrong entry earlier made.
Shonee Kapoor
(Expert) 20 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Suhail A.Siddiqui
(Expert) 21 May 2012
Only on the basis of form 16 or 26AS u can not succeed in your recovery matter but all other things required on the basis u will start your case like: agreement,work order,work execution certificate, your bills and your purchase/ labour bill etc Form16 and Form 26AS are additional evidences.
