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Issuance of TDS certificate - Form-16A

Querist : Anonymous (Querist) 27 August 2010 This query is : Resolved 
I was working with one of the proprietorship concern as Accounts manager and left the company in 2004. during my tenure I had issued TDS certificate on behalf of company to our clients. The company has not paid dues/liablities of our clients till date hence based on the proof of the TDS certificates the client has lodged/registered criminal complaint against the company as well as proprietor of the company.

Now the investigation is going on by the Police Department and they called me for investigation.

During investigation police officer is bothering me and holding me responsible for the stated liabilities.

I would like to know......

1) Whether am i responsible for the clients liabilities? since at present i am not working with the company since last four years.

2) I have singed the TDS certificates on behalf of company only and as Account Manager till my service tenure.

3)How I am responsible for dues which are belongs to the comapny and not for me?











Advocate. Arunagiri (Expert) 04 December 2010
You are not at all responsible for the dues of the company. What is the relationship between the TDS certificate and the dues from the company? The TDS is deducted while making the payment. If you can give more info we can help.
R.Ramachandran (Expert) 04 December 2010
Dear Mr. Anonymous,
Please indicate whether after deducting TDS from the payments to be made to the Clients, you issued TDS Certificate to them to the extent of deductions made by you.
DID YOU REMIT THE AMOUNT OF TDS RECOVERED BY YOU (BY YOUR COMPANY) TO THE INCOME TAX DEPARTMENT? IF NOT WHY NOT?
Advocate. Arunagiri (Expert) 04 December 2010
The anonymous query is that there is a complaint by the ex-employee on the company for some receivables. If your question is answered, the anonymous will drag the company to some other problem.


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