Company deducted TDS but not submitting what action can we take?

787 votes

you can send a notice for release of your tds certificate.. the employer company cannot retain the tds amount which it had deducted.. if it has not deposited the deducted amoutn you can file a suit for issuance of the tds certificate if the company doesnot release it after issuance of notice. there will be no problem in joining the new company if the tds has not been released to you..

Advocate Ashutosh Dubey LawRato

871 votes

YOU can file a complaint with concerned TDS ward where your company is being assessed.
Legally it is not your responsibility whether the company deposits the TDS or not.
ASK them to provide you with form 16 , thereafter file your income tax return claiming the entire TDS deducted as ITO shall issue you notice of wrong claiming show them form 16, it is for income tax department to prosecute the Employer for non depositing of TDS.

Advocate Sandeep Banga LawRato

658 votes

Dear sir,

This is a criminal activity where an employer is not depositing tds even after deducting from the salary of an employee.

You have to initiate a legal action against your company and to initiate this legal action you have to serve a legal notice to the company along with it's directors.

Apart from this legal notice you have to contact with tax authorities so that they can also initiate action against the defaulting company.

Non receipt of form 16 will have no impact in your new employment as you have all the salary slips and your bank statement is always there to verify your salary receipt details.

For further discussion you can send your complete details along with copies of your bank statement and salary slips to me.

Regards
Atul Bansal.

Advocate Atul Bansal LawRato