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falem   18 May 2025

Former employer shows false 1 day employment to avoid paying dues,fix?

My former employer is showing a false eemployment  of 1 day in current finanical year with tax dept.They have dues to pay me which they had not disclosed.Now they are showing the dues as earning in this year which is then offset bymoneyI amsupposed to pay them. Its all just to avoid paying  me dues.

I complained tp tax dept and they are asking me to prove I was not employed. But its the employer who is saying I was employed so should'nt the employer have to submit documents supporting employment to tax dept?

1.Does'nt employer have to provide any supporting documents to the tax dept when declaring such employmwent?

2.Isn't  the tax dept supposed to seek explanation from my employer based  on my complaint and then provide me with their query as well as empluer response?



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     18 May 2025

You are the one claiming that you were not employed in that particular period of time, hence the burden lies on you to prove it.

You gather the evidences against the employer for this grave mistake done by the employer and initiate appropriate action as per procedures of law.

falem   18 May 2025

Dear kalaiselvan

How do I prove I have nat been emplyed? Emploument can be proved by showing emploument letter but  how to prove your not emplyed ?

But  since this issue starts with employer claiming employment he should provide some supporting document-and then I can challlenge that document in Court?

T. Kalaiselvan, Advocate (Advocate)     19 May 2025

You have not stated your actual problem while seeking opinion here. 

You have not stated that which authority is demanding the proof of the empoloyment in excess to the date of your relieving from the job.

You have not stated whether you resigned and were relieved from your employment or whether you were still on the roll of the employer as on that date.

If you cannot have the evidence for the allegations that you make, then how do you expect people like us sitting in a remote place to procure the evidence for you.

First of all when you post a question, understand what is the actual problem you face and ask opinion for the relief or solution to the identified problem.

 

Dr. J C Vashista (Advocate )     19 May 2025

Incomplete and vague facts which are inadequate to form proper opinion and oblige.

It is advisable to consult a local prudent lawyer for better appreciation of facts / documents, professional guidance and necessary proceeding.

falem   19 May 2025

i think the question is pretty clear:

If employer makes claim of employment to tax dept should'nt he supply supporting documents? Especially when the employee complains that this claim is false.

In any business enviornment it would be normal to expect anyone making a claim to substantiate it with documents so I cant see what is different here. 

To address specific questions:

>You have not stated your actual problem while seeking opinion here. 

1.Does'nt employer have to provide any supporting documents to the tax dept when declaring employmwent?

2.Isn't  the tax dept supposed to seek explanation from my employer based  on my complaint and then provide me with their query as well as empluer response?

>You have not stated that which authority is demanding the proof of the empoloyment in excess to the date of your relieving from the job.

Tax dept is seeking proof of non-employment in response to my complaint whileletting employer claim employment without seeking prrof  of employment

>You have not stated your actual problem while seeking opinion here. 

pls see anove points

>You have not stated that which authority is demanding the proof of the empoloyment in excess to the date of your relieving from the job.

see above

>If you cannot have the evidence for the allegations that you make, then how do you expect people like us sitting in a remote place to procure the evidence for you.

I am not expecting you to provure evidence. pls see answer to ur 1st question
>You have not stated whether you resigned and were relieved from your employment or whether you were still on the roll of the employer as on that date.

I have stated its my former employer amd its false employment of 1 day. So clearly I am not employed on that date.

If you cannot have the evidence for the allegations that you make, then how do you expect people like us sitting in a remote place to procure the evidence for you.

see above


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