tom (FAE) 28 August 2014

Income tax demand notice and form 16 with fake chellan numbe

I had filed income tax for the FY(2007-2008) and AY 2008-09. I had a income tax return of 17k. The company paid 20600 as professional tax (in form 16). I had filed return based on form 16 provided by the company. In between i changed home and company. in 2014 i came to know i had a tax demand of 3600 and when i check through the details i found that my company did not paid my tax and given a fake form 16. The company run by a korean enterprenaur. What i have to do in this case? They already deducted this amount and i had all the documents. Please advice.

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5 Replies

CA Sunil Gupta (Prop.) 31 August 2014

first of all you are write a letter to the company in this regarding.

T. Kalaiselvan, Advocate (Advocate) 01 September 2014

Clarify the tax deduction issue from the company and issue a legal notice to them if they do not reply satisfactorily.

Manohar Lal (Senior Manager) 07 September 2014

Total TDS was deducted from my employer for AY 2010-11 and I received form 16 from my employer, now I am being demanded from Income Tax Authorities an arear of Rs.8000/- and intrest there on , while comparing from 26A, I observed though the tax has been deducted but not deposited with Income tax. What remedy I have? whether I will have to deposit the amount of demand or any other option available with me. Please advise.

Manohar

Mahesh V.P. (Advocate) 14 November 2015

If you have the orginal copy of Form-16 you have to apply to your ITO for rectification of mistake. As per the directions of The Honorable High Court of New Delhi in WP No.2659/ 2012 in the case of Court on its own Motion Vs CIT (2013) 352 ITR 273 (Del) and subsequent CBDT Circular No.8/2015 Dated 14th May 2015. The AO can pass order U/s.154 after obtaining the TDS Certificate and an Indemnity bond form the assessee.