Friends,
Here a question arises.
I worked in XYZ limited for the period from 01.4.09 to 31.03.2010. My Company deducted TDS of Rs. 1,00,000 but not given TDS certificate till date. What legal remedy I have to force my employer to issue me the TDS certificate i.e. Form 16?
The employee has a right to obtain the TDS certificate in form 16 from his employer. The certificate details should be filled in return of income, since no credit for TDS can be given without it. In case your employer fails to issue the TDS certificate, he shall be liable to a penalty of Rs. 100/- for each day of default u/s 272A(2)g). The Only remedy in case your employer refuse to issue you tds certificate or he is not issuing TDS certificate is that you can complain to the concerned Assessing Officer in writing, who will take appropriate action or initiate penalty proceedings against the employer.
The employee however has no other legal remedy against his employer in case he refuses to issue the certificate except that the employee may intimate about such default to t, who may take appropriate action or initiate penalty proceedings against the employer.
Although my previous employer not issued TDS certificate for the TDS deducted by them, can I claim the credit for TDS deducted by them while filing my IT return for A.Y. 2010-11?
Yes. The claim can be made in your return. Department however will raise a demand which will not be enforced on you but on your employer.
Here a question arises.
I worked in XYZ limited for the period from 01.4.09 to 31.03.2010. My Company deducted TDS of Rs. 1,00,000 but not given TDS certificate till date. What legal remedy I have to force my employer to issue me the TDS certificate i.e. Form 16?
The employee has a right to obtain the TDS certificate in form 16 from his employer. The certificate details should be filled in return of income, since no credit for TDS can be given without it. In case your employer fails to issue the TDS certificate, he shall be liable to a penalty of Rs. 100/- for each day of default u/s 272A(2)g). The Only remedy in case your employer refuse to issue you tds certificate or he is not issuing TDS certificate is that you can complain to the concerned Assessing Officer in writing, who will take appropriate action or initiate penalty proceedings against the employer.
The employee however has no other legal remedy against his employer in case he refuses to issue the certificate except that the employee may intimate about such default to t, who may take appropriate action or initiate penalty proceedings against the employer.
Although my previous employer not issued TDS certificate for the TDS deducted by them, can I claim the credit for TDS deducted by them while filing my IT return for A.Y. 2010-11?
Yes. The claim can be made in your return. Department however will raise a demand which will not be enforced on you but on your employer.
