Jimmy Mathew 06 July 2015

Wrong entry in form26a

Sir/Madam,

I have relived from a Private Limited company in bangalore on 28 March 2014. My final settlement has completed during the following months.

All money that the company has paid me, including final settlement is appearing in the Form16 for the financial Year 2013-14 (AY 2014-15).

TDS is deducted for the entire amount and it is reflecting in Form16 for FY 2013-14. I have completed the ITR V for FY2013-14 in time as well.

But , now when I view my Form 26AS there are two entries appearing in it saying company has paid me amounts Rs 56725 on 31-May-2014 and Rs 5950 on 31-March-2015 and no taxes deducted.

I have not received any payments from the company accounted for FY 2014-15. My entire final settlement amount is already included in FY 2013-14(AY 2014-15).

If this is not corrected on time, I will end up paying tax 30% that will be around 19K.

When I contacted the company, they informed me that it is an error in IT dept and they are not responsible for others mistakes. I have called up the TDS helpline and they are telling that it is as per the information received from the company.

I have filed an RTI online to get details of those entries, but request is rejected.

In between the company has send me the form16 for FY2014-15 (AY 2015-16) which again shows that company has paid me amounts Rs 56725 on 31-May-2014 and Rs 5950 on 31-March-2015 and no taxes deducted.

Please help as how should I proceed.

Thanks & Regards
Jimmy Mathew

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1 Replies

Kumar Doab (FIN) 06 July 2015

Has the salary slips of each month showing all payouts been supplied?

You have posted that:

“When I contacted the company, they informed me that it is an error in IT dept and they are not responsible for others mistakes. I have called up the TDS helpline and they are telling that it is as per the information received from the company.”

Did you record these calls/meetings (audio/visual/minuted/witnessed)?

Record everything in minutes under proper acknowledgment.

You may write to appointing authority/MD and claim that you have represented to (mention names, dates, designations, minutes…………….phone numbers, email ids etc) hence you should have been supplied on LWD itself with correct FnF statement (showing computation of earned wages/bonus/OT/leave encashment/reimbursements/incentives etc) and FnF payouts by bank DD, service certificate, relieving letter, Form16 as per correct FnF statement, NOC/NDC, PF number and a/c slips,ESIC card, salary slips of all months showing payments of Rs………….etc………..but despite endless representations these were not supplied and even later thru redg. Post and on dated………………..Mr/Ms..designation………..dept…………address has stated that these amounts are error of I.Tax dept but has not supplied it in writing and to supply this in writing immediately so as to reach you in say next…………….7 days by Redg. Post only and that Form26A are attached.

You can lodge complaint with:

IT-TDS where you file ITR and CIT-TDS where company files ITR and claim that on dated Mr/Ms…………………..designation………..dept…………address has stated that these amounts are paid by the company M/s………………………address while Mr/Ms………………. designation………..dept…………address of the company has stated that these amounts have never been paid by the company.

If the matter is not resolved meet Regional Commissioner and issue notice thru your CA/I.Tax lawyer.

As far as the company is concerned you can lodge complaint with:

---The Inspector appointed under West Bengal Shops and Commercial Establishments Act, Payment of Wages Act……

---O/o Labor Commissioner

---Highest Officials of Dept. of Labor West Bengal

----IT-ITeSEmployee’s/Trade unions e.g. CITU/INTUC/AITUC/BMS etc

----Your Labor Law Consultant/Service Matters lawyer/Law Firm

And extract a written reply.