Thanks for your reply.
I have checked form26AS which has clearly mentioned that Omnitech InfoSolutions has not deposited any tax since January 2013.
The same has been confirmed by the organisation. They couldnt generate the Form16 because of this. And i couldnt submit my IT Returns for Financial year 2012-13 (AY 2013-14) i.e. last year.
The organization has stated that it is undergoing financial difficulties and dont have money to pay the tax. Its been more than a year now and i cant wait more.
I am afraid that organisation may soon file bankruptcy. Without Form16 , we are not able to apply for any loans.
The company has defaulted payments of vendors,investors,employees and not started threatening employees to take any legal actions.
I tried contacting Income Tax Ombudsmen in Mumbai but surprisingly there is no one currently holding that position.
Requesting senior members to guide me in this regard
28th February 2014 From India, Mumbai
3rd March 2014 From India, Mumbai
But my question is that the company has not paid tax to government, so there is no way they can calculate the "Returns(if any)", in the scenario, what is the point filling returns.
And most importantly Form16 is the document requested for any loan/gurantor purpose and one should always have it.
4th March 2014 From India, Mumbai
Certainly this is GRT offence. Deducting the tax from Salary and not depositing in Govt.Treasury is offence committed by your employer.
In this case, to make your case more strong, you should have proof of deduction of TDS from your salary i.e. Salary Slip, Salary Certificate where in it is clearly mentioned that TDS against your Salary Payment is deducted. The Form 16 is not possible as your employer has not depositted the amount with Govt Treasury.
First inform the concerned authorities of your employer in wiring. If the same is not replied properly then with the proof you have with you, please contact the TDS Officer of your Circile as well as Assessing Officer of the jurisdction. Send one copy of this letter to employer also.
5th March 2014 From India, Pune