Regarding non deposit of tds

Satya (Querist) 30 January 2015 This query is : Resolved
Dear Sir,
since last 2 years i have been getting full salary as advance without salary slip and no TDS is also deducted and deposited to dept.

My query is
1)-How can i get my form 16
2)-What is the procedure to file the return without form 16
3)- I have applied a study loan in bank but they are asking the Salary slip/Form 16 as Income proof.
4) Can i file return for last 2 years without any income proof, though the amount is credited to my account every month without salary slip

So Please suggest me what can i do in this regard

Thanking You
Regards
Satya

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P. Venu

(Expert) 31 January 2015
Where and how are you employed?

Rajendra K Goyal (Expert) 31 January 2015
You should ask your employer to provide form to 16 downloaded from income tax site immediately.

As per Income Tax Department “A tax return may be furnished any time before the expiry of two years from the end of the financial year in which the income was earned’.

You can base / cross check your online return with the entries available in your form 26AS available online.

Satya (Querist) 31 January 2015
Dear Sir,
I am a permanent employee working with a limited company, based at Chennai,but now company is not in a position to pay regular salary to all the employees rather they disburse to selective person as advance against salary. Neither the company depositing the TDS nor paying the salary slip.

I have also verified from online and no TDS is deducted & deposited from May-13

Please advise how to file the return
Thanks & Regards
Satya

Kumar Doab (Expert) 31 January 2015
Salary slip has to be supplied atleast a day before disbursement of wages and wages have to be supplied on fixed day.......

Refer; Payment of Wages Act;Sec13A, Min.Wages central Rules:26(3,4), Tamilnadu Shops and Commercial Establishments Act, etc......

Establishment /Employers in Tamilnadu covered by Tamilnadu Shops and Commercial Establishments Act have to maintain and submit various forms/registers prescribed under Tamilnadu Shops and Commercial Establishments Rules pertaining to attendance and payment of wages...........

If possible try to get copy of such registers from employer of Inspector or under RTI..

The employer might be defaulting on PF,ESIC,Gratuity, also in addition to TDS!

Why are working with such employer?

If the bank agrees obtain 'Salary Certificate' from employer and manage with it.