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TDS is not deposited with the government ? what Next

What to do if your TDS is not deposited with the government

Tax deducted at source (TDS) from your wage or the other income should be deposited with the govt. within a particular fixed period of time. However, a recent scam of Rs 3,200 crore unearthed by the IT department has highlighted the issues moon-faced by several people and workers.

TDS is not deposited ? As it might happen, your employer could have deducted the tax from your wage, however, has didn’t deposit the money against your PAN with the govt. If your employer isn’t paying heed to your complaints concerning the same, then you’ll be able to approach the IT department.

Abhishek Soni, CEO, tax2win.in, a tax-filing web site says that the Central Board of Direct Taxes (CBDT) has issued bound circulars with respect to this in the past. The circulars state that in cases where TDS is deducted by the employer or deductor and therefore the same has not been deposited with the govt., in those cases IT officers should not harass the workers (deductee) and also the same should be recovered from the employers/deductors.
While filing your IT returns, you’ve got to calculate your total liabilities, then deduct the TDS from this and attain the balance tax payable that may well be a refund, extra tax, or nothing at all. The TDS figure here is to be taken from your form sixteen or form 16A (TDS certificates), as applicable. However, the tax subtracted throughout the year (as shown within the TDS certificate) should conjointly replicate within the department’s record in form 26AS. Any mismatch in Forms 26AS and 16 permits the department to demand extra tax beneath section 143(1) of the Income-tax Act, 1961. this can be as a result of the TDS claimed as paid by you may not replicate within the department’s records. There is also cases wherever the employer doesn’t issue TDS certificates in any respect and also the employee comes to understand of the TDS solely via pay slip entries or short payment of salary.

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“This will result in litigation as an employee can claim that his tax has already been subtracted by the employer and also the same should be recovered from the employer. On the opposite hand, the department can claim that since the dues are pending against the PAN of an employee, it’s the employee’s duty to pay his dues,” says Soni.
Check your form 26AS before filing a grievance

It is advisable for each person, whose financial gain is subject to TDS, to envision their form 26AS often during the year to make sure that each one the tax subtracted against their PAN is reflected within the form. you ought to conjointly make sure that you’ve got provided your correct PAN details to your employer. Otherwise, the employer could have deposited your TDS against the incorrect PAN, i.e., into the account of the person to whom that PAN belongs.

A company files its TDS returns on a quarterly basis. The maturity date for filing TDS returns is one month when the tip of a quarter, with the quarter ending March thirty-one being an exception. The maturity date for filing of TDS returns for the quarter ending March thirty-one is may 31. it’s advisable that an employee checks his form 26AS after ten days of the expiration of the due date.

Thus, before an individual approaches the tax department to a grievance concerning his employer not depositing the subtracted TDS, it’s necessary that he brings this mismatch to his employer’s notice and request the employer to correct the same.

There is no specific timeline mentioned within the IT laws that states by once such mistakes should be corrected. However, it will take 30-45 days to replicate the deposit of TDS within the form 26AS, looking on the potency of the company’s (employer) accounts department, says Soni. However, even after repeated request, if your employer fails to take action concerning this, then you’ll file a written grievance to your assessing officer (AO).

Locating your assessing officer

1. Visit https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html

2. Enter your PAN and mobile number. An OTP will be sent to your mobile number.

3. Enter the One Time Password received. It will re-direct you to another page showing details such as the address of your AO, email ID etc.

If you know the PAN of your employer, then you also have the option to file the complaint with your employer’s assessing officer. The above-mentioned link does not require the same mobile number to be entered which is registered with the PAN.

To support your grievance, you must also attach the following proofs:

1.Payslip showing deduction of TDS;

2. Copy of Form 26AS not reflecting the deposit of TDS;

3. Copy of letter written to your employer pointing out the issue;

4. Form 16, if available.

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