Rakesh (Sr IT Analyst ) 28 June 2012

Employer showing wrong payment made in form16

Hi,

I was working with an IT company in India in 2011-12 and then Moved to US with another company.Now my Old company has a Due of 45K INR back in India as Annual Incentive which they have not Paid and still my Salary Slip showing It was withheld for that Month.No on eis replying or answering when I ask If I would get that or not.

On Top of that they have shown that amount in my Form16 and the respective taxable amount on that has deducted..IS this Correct ?

As they are amending/sending me another Form16, neither communicating on this matter is there any legal way to proceed ....my question is are not they liable to answer or revert back these?

please advise.

Regards

Rakesh

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1 Replies

Kumar Doab (FIN) 28 June 2012

IS this Correct? No.

You may issue notice/legal notice to appointing authority, MD, Company Secretary, Head-HR and demand proof of disbursement of the payment and if someone in HR claims that payment instrument was dispatched then proof of dispatch of payment ,POD, proof of encashment of payment instrument, and if the HR personnel claim that it was bank transfer then proof of bank transfer. Now this company shall pay the incentive to you. There is no need to demand form 16.

You can lodge complaint with Jurisdictional Authority CIT-TDS, where the company files return, where you file return, that company has defrauded you and supplied false details.

If the documents are with you, the same may be shown to a competent and experienced lawyer. If you can not anyone from your family may do so.