Thanks a lot Asha. Can you Please give me email Id of concerned Labour commissioner (HQ of my employer is in Malleshwaram, Bangalore) ? This company is not start up but 14 Yrs old company.
From India, New Delhi
1From India, New Delhi
Please check your AS26 statement,
If the company has deposited the tds against your salary, then it will reflect in 26AS. That is adequate proof for the tax authorities. In any case, you can complain to the IT DEpartment against non receipt of form 16
However, if the 26SA does not reflect the tds, then getting form 16 is also meaningless. I think under law you are still liable for the taxes. You should in that case, immediately go and meet the PRO at the nearest Income Tax Office and take his help. He will issue required notices. But you must have all particulars and proof of your working and receipt of salary.
If you are not sure of 26AS, take the help of your CA. He will help you create the account and download the statement.
From India, Mumbai
If the company has deposited the tds against your salary, then it will reflect in 26AS. That is adequate proof for the tax authorities. In any case, you can complain to the IT DEpartment against non receipt of form 16
However, if the 26SA does not reflect the tds, then getting form 16 is also meaningless. I think under law you are still liable for the taxes. You should in that case, immediately go and meet the PRO at the nearest Income Tax Office and take his help. He will issue required notices. But you must have all particulars and proof of your working and receipt of salary.
If you are not sure of 26AS, take the help of your CA. He will help you create the account and download the statement.
From India, Mumbai
It takes 18-24 months to close a company.
So probably they formed a new company, asked the employees to resign and join the new one.
And transfered the business to it.
The company still exists. You can complain to ROC / MCA and inform them that they owe you money. Then they can't close it without clearing dies or going through the bankruptcy proceedings. There is also a legal doctrine called "Piercing the corporate veil" which applies in this case. This amounts to fraud and the limited liability clause will not protect the company from previous liability. But you need a good lawyer to help you if it needs to be established.
From India, Mumbai
So probably they formed a new company, asked the employees to resign and join the new one.
And transfered the business to it.
The company still exists. You can complain to ROC / MCA and inform them that they owe you money. Then they can't close it without clearing dies or going through the bankruptcy proceedings. There is also a legal doctrine called "Piercing the corporate veil" which applies in this case. This amounts to fraud and the limited liability clause will not protect the company from previous liability. But you need a good lawyer to help you if it needs to be established.
From India, Mumbai
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