saswatabanerjee
2392

Again, I fail to understand how your company managed to file their Tds returns without your pan number. I assume the did not pay it to the government. In that case, they are in trouble. Or if they have documentation that you refused / failed to give them your pan number, then income tax department may ask you some uncomfortable questions. At this point I do not have complete info to give the definitive answer.

Step 1 : check your 26as report to check whether they have deposited your Tds.

(Ask any CA you know, they will tell you how to get your 26as report)

Once you know how much they deposited (or that they didn't deposit), you can decide your next move. If the money is not deposited every month, you can file a complain with the Tds department of income tax office. Again, your CA will help. There are criminal penalties, but I think it will only be a fine in this case.

BTW, form 16 is no longer considered essential as the function is now replaced mostly by the 26as report that income tax department gives you directly to you. Secondly, time for giving Tds certificates is not 30 days from end of the financial year. By that time final Tds returns are also not made. More important is what the company showed in its Tds returns every quarter.

About your full and final letter, I specified in my earlier post, your post was not clear. Have you got that letter ? Signed by hr ? Or on mail ? Just them having made it in anticipation of your completion is meaningless unless it was given to you. If it has been given to you, has the cheque for the same been given ?


From India, Mumbai
jaisinghbly
Thanks for your insights on the concerns sir.
Yes they have provided a letter into my name undersigned by HR and Asstt. Mgr finance.
For card : They have mails mentioning about TDS and all, but I have always replied them that because of certain complications in Pan card failing to provide them with it.
Surely for TDS and all I will consider it with my CA.
Worst thing is Hr department is not reverting back to any of my mails written to them.

From India, New Delhi
tajsateesh
1637

Hello Jai,
As Saswatabanerjee suggested, escalate the issue to the next level.
BUT, I would suggest you do it AFTER you get the complete story about the TDS thru your CA--since this can have a bearing on the overall response you can FORCE the company to give.
Going by what you mentioned about the PAN card & the Regulations as reiterated by Saswata, I think you COULD have some sort of a Trump card in your hands....
Hope you get the point.
All the Best.
Rgds,
TS

From India, Hyderabad
jaisinghbly
Thanks a lot TS, I appreciate your suggestions.
But I guess its a long process, which needs to be initiated as employers now a days think employees as some kind of unnecessary part once they do resign.

From India, New Delhi
tajsateesh
1637

Hello Jai,
It all depends on what YOUR definition of 'long process' is.
I think this is anyday BETTER than endlessly cribbing & worrying about 'Hr department is not reverting back to any of my mails written to them' AND racking your brains about 'employers now a days think employees as some kind of unnecessary part once they do resign' over which YOU HAVE ABSOLUTELY NO CONTROL--especially when there seems to be some favorable solution in sight for you.
All the Best.
Rgds,
TS

From India, Hyderabad
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