Incorrect form16 provided by the employer

Dear Josh

I suggest you register at the following site to find out where the TDS has been credited to your account or not, if the answer is affirmative then you can file your return assuming that the PAN has been wrongly printed on the form, however if there is no credit to your account instead the TDS has been credited to some one else, then you need to request the ex-employer to revise the E-TDS that he has filed with the I.T Department. Only then there can be hope of claiming the refund.

https://tin.nsdl.com/panregistration.asp

I am stuck with similar problem.

My ex-employer has issued form 16 with wrong(invalid pan number). Immediately I notified them, then they issued corrected form 16. I thought all was fine and filed my tax returns.

But later realised that even though employer issued new form 16 they didnt re-file tax returns with my correct pan number. i.e. in incomex tax department records the TDS deducted by my employer isnt credited again my pan number.  Incomex tax helpline said employer can re-file it and its quite a simple process online.

I have been following up with the employer to correct it, for which they are not showing any interest. Infact I have been following since 3 years, but they havent done.

Can I take some legal step to force them to re-file tax returns?

Thanks in Advance.

The IT department issued instruction in February 2010 to address such problem where due to PAN mismatch, the TDS credits were not being allowed by the processing system. To mitigate problems of small taxpayers, it was directed to allow credit upto Rs 400000 and issue refunds upto rs 25000 even in case of mismatch. In your case you can take up the matter with assessing officer, his superior and finally the income tax ombudsman. But for that you have to first file your return of income. Please do not wait for any better solution without complaince to your statuary duties.

Thanks Vineet.

I have filed the returns long back. Infact I filed e-returns in 2008. This issue was with assesment year 2008-2009, i.e. its been almost three years.

Six months after filing e-returns,  I got an email(with Form 26) from TIN saying discripencies with my TDS, so my refund is not processed.

I contacted many tax consultants who were of no help. In our country there is serious lack of knowledge among professionals. They look blank when I say I did e-filing.  Infact went to TIN office in Lower parel of mumbai, the receptionist adviced me to contact employer and fix the issue. they didnt allow me to meet anyone in the office.  Thanks to website like this which are helping frustrated people like me.

I dont know who is my Assession officer and where he/she sits. All I know is ward number, thats it.  its really a big head ache to deal with indian govt offices. They are quite rude and dont give information properly. All they want come through tax consultants as bribes wont look obvious. I wonder why should I pay bribes inspite of paying tax sincerely for years.

Dear Mr Kranthi,

 

Till you do not receive an order u/s 143(1) raising a demand or providing refund less than your claim, it can not be said that your return has not been processed. The TIN is maintained by NSDL who are nothing but a service provider and they cannot be any help in this matter. The resolution of your matter lies with your employer and Income Tax Department.

Please follow up with your employer to file a revised TDS return providing correct details of your PAN and issue a revised TDS certificate.

 

For AY 2008-09 I remember, even after e filing, you had to file ITRV generated online with a local income tax office. Please find out from the stamp, the details of assessing officer. You can also find your jurisdiction from efiling site. Even other wise, in view of instruction as referred by me earlier, they should have processed your return and allowed you the TDS credit without any further verification.

Please wait till end of tis month, then write a letter to CCIT, Mumbai,  Mumbai, CIT-29 Mumbai and JCIT Range 29(1) mumbai providing full details of your case. If that is not addressed, further escalation maybe made.

Thanks Vineet.

I am currently trying hard to get resolved from employer. But almost lost hopes, need to try to get in touch with AO.

Currently I am not in india, can I send someone to AO to speak on my behalf?