Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Naim (Clerk)     22 February 2017

Salary income tax deduction

Dear Experts,

I was working in a private Teaching Institution.

I resigned and gave 1 month notice. I served the notice for 1 month, but the employer did not issued no dues certificate.

I gave closure notice on my last day of working and came out, joined the new job.

They did not gave my 10 days salary. recently when i checked thru income tax TRACES it shows that they had deposited TDS against that 10 days salary.

but the salary is not credited to my account.

what shall i do in such scenario.

plz guide so to recover 1o days salary from employer.

Regards

Naim



Learning

 4 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     22 February 2017

Could've been some honest mistake. I can't see an employer deducting TDS and accounting for the same without actually making the payment ... contact the employer in writing once before you embark on anything radical.

Ritesh Maity (Labour Law Advocate)     22 February 2017

To me it also looks like an unintentional mistake. Please write a polite letter seeking clarification about the situation. Depending on their reply, you can think about taking further (legal) steps. 

Naim (Clerk)     23 February 2017

Thank you very much Atul and Ritesh Sir for your valuable inputs.

It is very clearly mentioned in my tax documents, procured from TRACES that salary TDS is paid and total gross amount is credited.

I had already made my representation to accounts and HR. but no reply from their end.

recently when i was checking my TDS i discovered this new fact.

what should i do now? wait for some time or give them a legal notice.

If legal notice: shall i include this new fact in that legal notice?

Is their any other option?

Regards

Naim

Ritesh Maity (Labour Law Advocate)     23 February 2017

If you have already made a representation in writing before the HR and have an acknowledgment of it, then you can send a legal notice now. (assuming that you have given the company at least a time of 7 to 10 days to respond). 

If you are sending a legal notice, let your lawyer handle and include the facts as per his own decisions. 


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