Nitin Panchal (as) 05 September 2011

TDS certificate

Hi.. I was working with pvt ltd company as a branch head. They have not paid my six months salary till today though Managing Director admiited liability and promise to pay within a month. They also cut TDS from my salary and till today they have not provided me Form 16 or TDS certificate.

They also deducted TDS from our valuers,lawyers and advertising professional fees but not given TDS certificate.

Further they have charged services tax from clients and not deposited with the authority.

My company's Registered office is in New Delhi and branches at various state.

Can I presssurize them by informing Incometax or other department and recover my salary ?

Provide me remedies to pressurize them..

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7 Replies

Deepak Chopra (CA) 05 September 2011

approaching income tax department may not help, unless tax deducted has not been paid to the govt.

you can view your TDS credits in form 26AS available at income tax department's website

for your salary dues approach labour department

Yatish (Prop.) 05 September 2011

yes it is right approach..........................

Nitin Panchal (as) 06 September 2011

Sir, I am 100 % sure that incometax is not deposited with Govt. as I have inquired with my collegues.

They have not even deposited services tax..

With regard to my salary I was drawing 45000 pm so I may not be come under Labour court jurisdiction.

pls reply....

Deepak Chopra (CA) 06 September 2011

you can write a letter to the jurisdictional income tax officer drawing attention to the irregularities in the company. also mark a copy to the auditors of the company.

like wise letters to the superidentent of central excise can be sent with respect to non payment of service tax.

but before doing all these it would be advisable to have strong documentary evidences in hand...

but all the aobve may still not help you to get back your salary i would still advice you to approach labour department for your salary dues

s.meghala shree (advocate) 06 September 2011

hello nitin,

Go with Mr.Deepak's advice. that might help you probably

Kumar Doab (FIN) 06 September 2011

Salary alone is not the deciding factor. You may show your docs to a service lawyer and your lawyer shall help you to decide on appropriate forum. You may lodge complaint under payment of wages act.

If you are sure that your employer has befolled the employees and regulatory agencies,you may proceed.

You can lodge complaint for income tax matter with jurisdictional CIT-TDS.

ADVOCATE DISHIT MEHTA (TAX CONSULTANT) 07 September 2011

Hi nitin complaning to the income tax department will not help u bcoz non payment of the salary is the matter related with the labour court and not with I.T. dept. but if u want to complaint about the non payment of tds to the IT dept. then u can and demand ur tds certi also but for salary u have to approach the labour court.