More tax deducted from Employer after onsite return.


My question is still unanswerable by many people. I am working in an MNC here in India. I returned from onsite (US) to India in Jan 31st 2011. till then my Indian salaray is credited in US Dollars and hence havent paid tax from 2008. But once i returned to India, my employer deducted 36000 as tax even though I have been paid a salary of 96000 before tax deductions. They specified in my Form 16 that my Gross pay was 568000 which is why even during e-filing, I am not getting any refund. Its all fault of my employer to specify that Gross salary and deduct more money than expected.

Could you please help me how to proceed with this situation to get my Refund.

Thanks in Advance.

Haresh G. Chennai.

asked Feb 01 '12 at 16:15 by hareshindia 1112

The only option available in your case is to rectify the Tax Details submitted with the Tax Department

answered Feb 02 '12 at 02:11 by CA Karan Batra 53216


Your employer should have only mention the INR amount paid to you as salary in financial year.

In your case the Indian salary amount would only be 96000 and there would not be any income tax on that. You should have first taken this matter with your employer at the time of form-16 issue. Form-16 would have been correct at that time itself.

Now it would be difficult to get refund back.

You may try filling a revised return stating taxable income of 96000 and refund of 36000. You should not use income values provided in Form-16.

Also can you check details in Form-26AS. What income has been declared by your employer in that?

If nothing works, you should complaint against your employer with income tax department for issuing wrong form-16 and request for a refund.

answered Feb 10 '12 at 14:26 by Pankaj Batra 5.2k320


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Asked: Feb 01 '12 at 16:15

Seen: 3,950 times

Last updated: Feb 10 '12 at 14:26