Income Tax Deposit Error by Employer

Suhas 1
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Dear Sir,

I was employed with a certain company, from January 2008 to August 2010. The company paid me handsome salary and thus also TDS was handsome.

On checking my 26AS statement online, I realized that there was a mismatch in the TDS filed for December 2008 - the status shows as 'U'. And for the same reason the IT Department deducted approximate Rs 15000.00 from my eligible rebate.

I shared the entire details (mismatch in 26AS and deduction from rebate to cover for the mismatch) with the finance department of the concerned company i.e. my previous employer. All they have come back is saying that "Everything is correct and right at their end. I need to followup with the IT Department to get the issue resolved. The company cannot do anything in this"

I understand, that the employer needs to file a correction to resolve this. But seems like they dont want to do it.

Kind request to help me on how to resolve this.

Regards, Suhas

Suhas Kabra 09930458049

rectification-request refund-status form-26as tds-not-deposited income-tax
1 Answers

If you have form-16 issued by them which has correct TDS figures (and which does not match in form 26AS), you have every right to claim your refund back.

You must have received intimation under section 143 (1) (assessment order) by income tax department. If income tax return was filed online, you can request for re-sending of same if you don't have same as of now. Once you have this, File a rectification request online to accommodate data as per form-16.

In case you had filed return offline, you need to visit IT office and give them written request along with copy of form-16 issued by employer.

Pankaj Batra5212

I have already done the rectification request procedure, but no response till now (almost 6 months have lapsed). On enquiring with the IT department, they have asked to me to get the TDS refiled by the employer. Not sure which is the correct way to follow

Suhas•

TDS refiling by employer would anyways be better as then IT department can't say no to refund. But issue would be how to do push employer to do it. Its really a bad situation.

You should now send a written complaint to assessing officer. If he does not take any action within 30 days, you should complain to income tax Ombudsman. See contact list for such offices: http://www.incometaxindiapr.gov.in/incometaxindiacr/home.jsp?p1=ombudsman_contacts

Pankaj Batra•
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