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  1. Lush

    Lush New Member

    Have been working in SBI for 5 years. They never provide Form 16 from traces, resulting in mismatch between 26AS and Form 16 of SBI. But this year the person doing quarterly filing is claiming that he has deposited the perquisite tax in Govt. A/c, but still for few months, the credit is not showing in my Form 26 AS. What should I do now?
    Actually the credit of perquisite and the TDS on that for those months is also not showing in Form 26AS. Should I just input the TAN and claim the deduction (not showing in 26AS)?
    Please help Sir.
  2. ZED

    ZED Well-Known Member

    Yes you can but then notice will be servied to you for asking you to pay the defeciet. You can respond to this by saying that tax has been deducted and submit the proof.

    If the TDS returns of previous periods are revised then there will be no mismatch. A rectification of your income tax return can be done in respect of TDS issue within 4 years from the end of the assessment year.
  3. Lush

    Lush New Member

    What type of proof Sir? The TDS is on perquisites u/s 17(2) and is paid by employer on behalf of employee u/s 192(1A). Employer has not given me the part A of form 16. I only have that part B stating tax deducted but form 26AS is not reflecting that.

    As the income from perquisites as well as TDS on perquisites for that few moths is also not reflecting in Form 26AS, should I submit return as per Form 26AS?? (neglecting that perq value as that tds is paid by employer??)
  4. ZED

    ZED Well-Known Member

    It is mandatory for your employer to submit the TDS certificate to you,failing to which he would have to suffer consequences, like he would have to pay Rs. 100 for each day of default

    S.203 Every person deducting tax in accordance with the foregoing provisions of this Chapter shall, within such period as may be prescribed from the time of credit or payment of the sum, or, as the case may be, from the time of issue of a cheque or warrant for payment of any dividend to a shareholder, furnish to the person to whose account such credit is given or to whom such payment is made or the cheque or warrant is issued, a certificate to the effect that tax has been deducted, and specifying the amount so deducted, the rate at which the tax has been deducted and such other particulars as may be prescribed.

    (2) Every person, being an employer, referred to in sub-section (1A) of section 192 shall, within such period, as may be prescribed, furnish to the person in respect of whose income such payment of tax has been made, a certificate to the effect that tax has been paid to the Central Government, and specify the amount so paid, the rate at which the tax has been paid and such other particulars as may be prescribed.

    Further, even if you do not have form 16, the entries appearing in your bank account and the pay slip will form basis of the evidence for your true salary. If the salary received in bank is after tax deduction and pay slips shows the salary at full amount then the difference is on account of tax deduction.

    No, file your return as per the provisions of Income tax and not as per 26AS entries. Pursue your employer to revise the TDS return if there is mismatch. If employer does not do so then tell them about the penalties which can be levied to the employer (I mentioned of Rs.100/day)

    Pay proper taxes, you can claim refund of the TDS by the employer by revising you ITR (once the employer revise their TDS return.)
    Do not tell the employer that you have paid the taxes otherwise he might delay the matter.
    [If time period for revision has been lapsed then you may still rectify the return, time period for which is 4 years from the end of relevant assessment year.]
    Last edited: Jun 27, 2016
  5. Lush

    Lush New Member

    Good evening Sir,
    Employer SBI will not issue tds certificate (seemed careless about penalty). Where to lodge complaint SIR?
    Also said that even if there is mistake in 24Q (employer submitted) , it may be corrected only in next quarter, i.e., August only.
    If I wait till then, it will be belated return.
    If the employer fails to correct data, with belated return how to respond to demand notice? (belated return cannot be revised, I read)
  6. ZED

    ZED Well-Known Member

    You can complain to your AO and then he will forward the case.

    You may complain to your employers AO and he will take the action.

    I would prefer the 1st option.

    NO, don't make your return belated. File return now (with proper income and pay proper taxes) and then revise the return to claim the refund of TDS adjustments.

    By proper taxes I mean pay deficient taxe (as arrived by considering 26AS) out of your own pocket. This is safest procedure for you.
    Lush likes this.
  7. Lush

    Lush New Member

    Should I complain before submitting return? In that case I wouldn't have to pay from pocket. Because IT department takes time in case of refund.
    Also responding to demand notice (in case I go with my Form 16 data, instead of 26AS) with PAYSLIP proof will serve SIR?
  8. ZED

    ZED Well-Known Member

    Nowadays refunds are quick. Its the revision of TDS return by the employer which is late.
    Yes, that will surely work.
    See time limit for filing return is closing in, you must file the return now and if any change is required later then the same can be effectuated by filing a revised return but if return is not filed within due date then the return can not be filed.
    If you have to file return then you should pay proper tax also because otherwise you will get notice for defective return.

    Its not a small mistake by your employer. Some time would be wasted because of thier such actions.

    For other query you may mail to me @
    [email protected]
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