Civil Procedure Code (CPC)

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

 
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Advocate

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

 
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Advocate

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.

 

 
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Advocate

You make personal hearing before the concern assessing officer and explain the facts along with the Form 16 .

 
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