Upgrad LLM

wrong use of pan number


Dear All

  I worked in a private ltd. construction company. They misuse my PAN No.in their TDS return for Assessment Year - 2008-09.
They shows diff. payment appx. to Rs. 9.90 lac as per 26 AS Tax Credit Statement.
Due to this I have received a series of notices from time to time from Income tax deptt.and i am continuously replying their all notices that I have never received any single paisa from my last employer as shown in 26 AS Statement in account of Contracting Business. For this i had already submit my copy of income tax return,all Bank A/c Statements and also a avidafit about the same. But Still I.Tax Deptt. Saying that Its your responsibility to prove that you are innocence. Go to your last employer and get a letter from them that they had never gives you these type of payments. Telephonically, I talked to my last employer , he is not ready to gives me any this type of letter.

So please guide me further rights which i have to prove me innocence. as also i am working with a new firm outside NCR so it is not possible for me to take leaves for various time.

Please Someone help .....

For any further info. Anyone can give me a call on 9711800217.

Thanks
 

Rajesh Kumar

 
Reply   
 
Lawyer

was it a arrangement between you and your employer that they would show that money as Salry to you and thereby they would have a valid expense and they would have claimed that as a allowable expense in their accounts thereby saving tax. As the IT department is right in asking for the tax on the Income that has been paid to you by the company.

 
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Friend

           I think u not proper understand the issue. i worked as a employee and get salary certificate from them for salry which i received, but their is not any aggrement with co. they had never paid me any amount in this context.

 
Reply   
 
FIN

It is believed that your transactions with the company are verbal. You should issue a written communication, under proper acknowledgment, to the good offices of the company i.e. appointing authority, MD, CEO, Head-HR, Company Secretary, and the competent employee who issues salary slip and who has signed on your form 16, narrating all the incidences and may mention that you are being unnecessarily harassed and good offices should provide you the relief say within next 7 days or you should be constrained to initiate legal action at the cost and consequences of the company. 

Has the company issued you the salary slip for all the months of your employment, form 16, FNF statement........? These should suffice to clarify the matter with I. Tax authorities. You may visit the I. Tax Commissioner in person and lodge a complaint and demand that a notice may be issued to your company as you have produced all proofs and default is at the end of the company.

What was the mode of disbursement of salary and other payouts i.e. bank transfer in your salary a/c in the bank, or by cheque/DD?

All payouts to the employee are disbursed in salary a/c in bank.

In your form 16 issued by the company, it is mandatory to mention the amount of tax credit with challan number.

If you have not received all the details, you may clarify the matter to the I. tax authority that employer is not issuing you the form 16, salary slips for all months of your employment.

You should lodge a complaint with jurisdiction authority C.I.T-TDS ( where the company files the return quoting TAN/PAN number of the company which are mentioned in form 16 and registered office address of the company)  if the company has not supplied you the form 16.

If you are not able to handle the matter on your own you may visit a competent and experienced service/I. Tax lawyer with all records and proceed to issue alegal notice and subsequently legal action.

 
Reply   
 
Practicing Lawyer

Your Problem is not new.  Many times in order to meet the desired number of Valid PANs at the time of filling of TDS returns a deductors mentions either a wrong PAN or a Valid PAN belonging to some other person.  The same might have happened in your case.  Right solution is asking your employer to file a correction statement of TDS by substituting actual PAN of contractor to whom the payments were mader with your PAN which has been inadvertently/knowingly been mentioned.  Once they file their correction statement, the Credit in your 26As would disapper. Hope you have not claimed credit for TDS deducted, which you claim is not yours.

 
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