Hello,
I am Doctor. I was employed in a company between Dec 2006 to Oct 2007.
I have got a notice from PT department asking me to show my PT proof. The officer is asking me to get a letter from the company stating that they have deposited the tax and along with their PTRC number.
Now the problem is that, that said company no longer exists. I have tried to call on their contact numbers, all the numbers are invalid now. I even visited the place where its office once existed but the company does not exist and nobody know about the whearabouts of that company.
I have the last salary slip of that company with me that states the total profession tax deducted till date (i.e from Dec 2006 to Oct 2007).
Now my question is, how do I get the letter from that company that does not exist? Is the salary slip not sufficient as a proof that my PT has been deducted by the company? Am I responsible to ensure that the company is depositing the PT (deudcted from my salary) with the PT office? Or is it the responsibility of the PT office to ensure that all the companies deposit the tax properly?
Any help in this matter will be highly appreciated.
Thank You.
From India, Mumbai
1I am Doctor. I was employed in a company between Dec 2006 to Oct 2007.
I have got a notice from PT department asking me to show my PT proof. The officer is asking me to get a letter from the company stating that they have deposited the tax and along with their PTRC number.
Now the problem is that, that said company no longer exists. I have tried to call on their contact numbers, all the numbers are invalid now. I even visited the place where its office once existed but the company does not exist and nobody know about the whearabouts of that company.
I have the last salary slip of that company with me that states the total profession tax deducted till date (i.e from Dec 2006 to Oct 2007).
Now my question is, how do I get the letter from that company that does not exist? Is the salary slip not sufficient as a proof that my PT has been deducted by the company? Am I responsible to ensure that the company is depositing the PT (deudcted from my salary) with the PT office? Or is it the responsibility of the PT office to ensure that all the companies deposit the tax properly?
Any help in this matter will be highly appreciated.
Thank You.
From India, Mumbai
Dear Doctor,
It is definitely the employer's duty to deduct the PT from their employees and remit the same at the appropriate office with in one month of such deduction. In your case the same is stated in the salary slip also. But unfortunately, your previous employer might not have remitted that at the PT department. Did you claim It exemption for that amount when you filed return as per the then form No. 16 provided by the employer? If they had confirmed that deduction and the same is indicated in your salary slip, you have a proof to seek exemption from the authorities.
But, the dept. can always attribute the onus of proof of remittance of PT on you, as they have raised this issue after a few years. Better to go and meet the concerned authorities with Form 16 of IT, your return filed then based on that and the salary slips and request for exemption from payment. The employer has closed down the organisation is definitely known to the PT dept., and that is why they are taking up the matter with the then employees.
You may also consult a lawyer, in case they are very adamant on their stand.
Good luck
Dr.Gopan
From India, Kochi
It is definitely the employer's duty to deduct the PT from their employees and remit the same at the appropriate office with in one month of such deduction. In your case the same is stated in the salary slip also. But unfortunately, your previous employer might not have remitted that at the PT department. Did you claim It exemption for that amount when you filed return as per the then form No. 16 provided by the employer? If they had confirmed that deduction and the same is indicated in your salary slip, you have a proof to seek exemption from the authorities.
But, the dept. can always attribute the onus of proof of remittance of PT on you, as they have raised this issue after a few years. Better to go and meet the concerned authorities with Form 16 of IT, your return filed then based on that and the salary slips and request for exemption from payment. The employer has closed down the organisation is definitely known to the PT dept., and that is why they are taking up the matter with the then employees.
You may also consult a lawyer, in case they are very adamant on their stand.
Good luck
Dr.Gopan
From India, Kochi
Correction in my earlier posting : 3 rd line 'it exemption' may be read as "IT exemption", ie. Income Tax exemption claimed for PT remitted during the financial year. Dr.Gopan
From India, Kochi
From India, Kochi
It is very strange that an-employee gets a notice from PT deptt., while normally it is only the company which gets such notice, as there are registrations of Company & its Directors with the PT deptt. I wonder from where they got your address, as such details are not shared with PT deptt by companies.
In my view, the notice may be pertaining to your vocation as a doctor, if u r a practicing one, as all practising professional needs to pay PT separately as per State Act. Apart from this forum, u may pls consult your CA about the same.
From India, Mumbai
In my view, the notice may be pertaining to your vocation as a doctor, if u r a practicing one, as all practising professional needs to pay PT separately as per State Act. Apart from this forum, u may pls consult your CA about the same.
From India, Mumbai
Dear Doctor
The notice is probably been sent by the PT authorities basically due to the reason you are a professional doctor and have to pay Professional tax. They may not be aware that you were employed with a Company for a specific period and hence the remittance as a Doctor may needs to be proved to the PT authorities. You may want to prove the same by providing them the Offer letter or the Releiving letter from the Company which should show your start date as an employee and end date.
This should prove that you were not in practice during the said period.
Hope this helps
Showri
From India, Faridabad
The notice is probably been sent by the PT authorities basically due to the reason you are a professional doctor and have to pay Professional tax. They may not be aware that you were employed with a Company for a specific period and hence the remittance as a Doctor may needs to be proved to the PT authorities. You may want to prove the same by providing them the Offer letter or the Releiving letter from the Company which should show your start date as an employee and end date.
This should prove that you were not in practice during the said period.
Hope this helps
Showri
From India, Faridabad
Thank you all for your valuable responses.
Dr.Gopan - Unfortunately I do not even have the form 16 from the company. It was my first job, was not very much aware of all these things then. I just have the offer letter and the last salary slip for that company.
Dixon - They have issued notices to almost all the doctors. The address and other details have been taken from medical council.
Showri - Yes, that is what I am going to do. Lets hope that works.
Should, things not work, I will have to bother my CA then..!
Thank You
From India, Mumbai
Dr.Gopan - Unfortunately I do not even have the form 16 from the company. It was my first job, was not very much aware of all these things then. I just have the offer letter and the last salary slip for that company.
Dixon - They have issued notices to almost all the doctors. The address and other details have been taken from medical council.
Showri - Yes, that is what I am going to do. Lets hope that works.
Should, things not work, I will have to bother my CA then..!
Thank You
From India, Mumbai
As mentioned by Dixon, the PT department is claiming the Professional Tax for the profession of Doctor as practioner and not as employee. If you are a practioner doctor (at present) get yourself enrolled and pay the Professional Tax with Interest/penalty which is very nominal.
If you are a doctor (employee) for the period of PT inquiry, your appointment letter as full time employee as a doctor and your last salary slip will suffice you being an employee and not a medical practioner, this has to be proved to the competent authority of your municipal corporation.
From India, Ahmadabad
If you are a doctor (employee) for the period of PT inquiry, your appointment letter as full time employee as a doctor and your last salary slip will suffice you being an employee and not a medical practioner, this has to be proved to the competent authority of your municipal corporation.
From India, Ahmadabad
Dear All,
I have one more query. If any of you can provide me your valuable inputs that will be very helpful..
I was on job till Sept 2011. Thereafter, for almost 1 and half year till 31 March 2013, I was not on job nor practising. However, as I am having a vaild registration number from Medical council, I still have to pay the PT for that said period (Sept 2011 - 31 March 2013). For this I need to get a PTEC number and pay the tax + interest + penalty.
Now from 1st April 2013, I have joined a job again.
The confusion is, my current employer will deduct the PT on my behalf and while depositing the tax in the PT office, the company will use their PTRC number. When I get a PTEC number (in order to pay the pending tax for the period between Sept 2011 - 31 March 2013), what will happen going forward? MY PTEC number will be of no use and no tax will be deposited under that number as my current employer will use its PTRC number for depositing tax on my behalf. So again there will be notices sent saying that I am not paying taxes, or is there any rule / arrangement that can be done in order to avoid this. I do not want to pay the PT myself and let my employer deduct it and deposit it on my behalf
If anyone can throw some light on this, that would be highly appreciated.
Thank You.
From India, Mumbai
I have one more query. If any of you can provide me your valuable inputs that will be very helpful..
I was on job till Sept 2011. Thereafter, for almost 1 and half year till 31 March 2013, I was not on job nor practising. However, as I am having a vaild registration number from Medical council, I still have to pay the PT for that said period (Sept 2011 - 31 March 2013). For this I need to get a PTEC number and pay the tax + interest + penalty.
Now from 1st April 2013, I have joined a job again.
The confusion is, my current employer will deduct the PT on my behalf and while depositing the tax in the PT office, the company will use their PTRC number. When I get a PTEC number (in order to pay the pending tax for the period between Sept 2011 - 31 March 2013), what will happen going forward? MY PTEC number will be of no use and no tax will be deposited under that number as my current employer will use its PTRC number for depositing tax on my behalf. So again there will be notices sent saying that I am not paying taxes, or is there any rule / arrangement that can be done in order to avoid this. I do not want to pay the PT myself and let my employer deduct it and deposit it on my behalf
If anyone can throw some light on this, that would be highly appreciated.
Thank You.
From India, Mumbai
Doctor,
Even if the employer remits the PT in their PTRC a/c No., it is done on behalf of the employees, who will have PTEC a/c. No, which is same in a State, irrespective of the remittances made in any office. Its just like your SB account number of a bank, which is unique to individuals. So don't worry about PT remittance as a professional and as an employee. But obtain receipts for remittances made from the employer as well as from the office where you remitted your arrears as a doctor (professional)
Dr.Gopan
From India, Kochi
Even if the employer remits the PT in their PTRC a/c No., it is done on behalf of the employees, who will have PTEC a/c. No, which is same in a State, irrespective of the remittances made in any office. Its just like your SB account number of a bank, which is unique to individuals. So don't worry about PT remittance as a professional and as an employee. But obtain receipts for remittances made from the employer as well as from the office where you remitted your arrears as a doctor (professional)
Dr.Gopan
From India, Kochi
Just an update for the benefit of all.
PT office did accept the offer letter and salary slips as proof of payment of tax. I told them that the said company has shut down.
Now in order to pay the PT between Sept 2011 - 31 March 2013, I need not obtain a PTEC number, as I am on job now. In They have given me a challan with the commissioner of PT TIN mentioned on it. So, I will be depositing the tax using that challan and going forward, my employer will deduct the PT tax as usual. So, the problem of me obtaining a PTEC number has got resolved.
Thank You
From India, Mumbai
PT office did accept the offer letter and salary slips as proof of payment of tax. I told them that the said company has shut down.
Now in order to pay the PT between Sept 2011 - 31 March 2013, I need not obtain a PTEC number, as I am on job now. In They have given me a challan with the commissioner of PT TIN mentioned on it. So, I will be depositing the tax using that challan and going forward, my employer will deduct the PT tax as usual. So, the problem of me obtaining a PTEC number has got resolved.
Thank You
From India, Mumbai
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