gautham (none) 29 July 2012

Excess tds form 16

HELLO M A DOCTOR MY i HAD SOME PROBLEM WITH MY PREVIOUS EMPLOYER

so I left the job in 2011 ,my salary was 35k pm my employry er promised me a salary hike to 50000pm

but after doing extra suty he cheated me and gave me 35k as usual I approached police they said case cannot be filed , from then I stoppped working for him now I received form 16 from him which states that I was paid 50 k for 1 month and to that my TDS deducted is 5k ,when I asked him to issue me a new form 16 with 35 k he says no correcton can be made now as its already sent to IT dept.in the concerned month .

IN MY BANK STATEMENT ITS GIVEN AS 31K after TDS ,in my form 16 its mentioned as 50 k with 5k as TDS

Now I want to know if I can file any case against my employer I really want to teach him a lesson ,

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2 Replies

Kumar Doab (FIN) 29 July 2012

Submit a gentle representation in writing under acknowledgment narrating the hike in salary announced to you in office on dated........( mention date) and accordingly deduction of TDS and payment of less salary, and demand the balance to be paid to you say in next 7 days by bank DD thru redg post only. You may mention that a postage prepaid ( as purchased from PO) self addressed envelope is enclosed for sending DD to you by redg post only.

If the employer does not grant relief you have the option of approaching a lawyer to issue legal notice, and/or Inspector under SE act applicable to your state if you are covered under explanation of employee and establishment is covered under enactment and lodging a complaint with Commissioner of IT, CIT-TDS.

R RAJAGOPALAN (ADVOCATE) 16 August 2012

You have 2 avenues to choose:

1. Get the differcence amount of salary. For this you have to demand the amount, get a lawyer's notice issued etc.

2. Get a Form No.16 for the amount the employer actually paid you. For this, you may write to the concerned CIT(TDS) narrating the facts and requesting his intervention. If there is no result within a month, complain to the Income tax Ombudsman of the area.