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Professional Working Facing Problem In Replying Notice U/s 245 - 1431 From Tax Depart - CiteHR

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PANKAJ N
I have pending query related to Income Tax. Brief Case Data: In AY 2011-12, Employer deducted TDS and failed to deposit same to IT department and subsequently issued form 16 claiming that \"Company has deducted TDS & not deposited it. Company will deposit the same soon\". I got demand notice from IT department under section 1431(a) Under main Section 245. I wrote back A0 of ward explaining my position. It is case of double taxation (TDS deducted by Employee from my Salary and IT department demanding same from me) but in vain. IT department is sending notice every year with addition of interest as well as they are adjusting it against refunds next year onwards.
Please suggest mechanism to handle this matter. You may reach me on my E-mail: n.pankaj3@gmail.com providing your contact details so that I can reach you to discuss it further.

From India, Mumbai
nathrao
3124

Is TDS deduction shown in your salary slips?
So there is record of how much TDS has been deducted by employer.
This article may be referred:What to do if TDS is deducted by employer but not deposited? - Goodreturns

From India, Pune
PANKAJ N
Yes Sir, Salary slip and Form 16 has mention of TDS amount deducted under TDS heading. I need some expert consultation on how to address it permanently.
From India, Mumbai
asbhat
51

It is a primary responsibility of the employer to deduct the TDS and pay to the department. If he has not done so, it attracts penalty and fine for the employer. In your case the tax department is trying to catch you instead of the employer.
Write a letter to the officer issuing the notice to you, attaching therewith the Form 16, where the employer has admitted that he has not deposited the tax deducted at source. Copy can be given to the employer who is responsible for mischief.
The Income Tax officer (issuing you the notice) may want to see the original Form 16, which you may show to him.
A S Bhat

From India, Pune
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