Primus Techsystem
It Professional
+2 Others

Hello Everyone
I had worked with Mumbai based IT company named Omnitech InfoSolutions. This company had always involved in dubious practices.
The company has deducted Income tax from my salary but never deposited with tax authorities. The Income tax for period between January 2013 to August 2013 (LWD)
is not submitted and hence Form 16 is not generated.
The company is not providing any reply to queries and seems they are not bothered about doing it.
As per suggestion on this forum, i tried to contact to Income Tax Ombudsman for Mumbai region. However to my surprise the post is vacant for last 4 months.
Can anyone with expertise in this area guide me for further actions.
Apologies if this question is repated in this forum

From India, Mumbai
How do you the TDS is not deposited with the I.T. Dept? Did you check Trace (26AS)? You have to report this matter to the I.T.Commissioner if the TDS is not deposited. Pon
From India, Lucknow
Dear Pon
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

From India, Mumbai
The same thing happened to me. I used to work at Mittal Institute of Management at Malad (west) Mumbai for 3 and half years. The trustees are the big Builders located at South Mumbai and of a Hindi Trust ... They cut my tax every year and did not file 26AS. I did not get credit from Income tax.They even issued a Form 16 which could not be used. After I brought it to their notice , the trustees harassed me ................... and sweetly pretended they were not aware of the same. Its no use telling the management... Just cut your losses and move ahead.....
From India, Mumbai
Dear Friend, for filing of once I-T returns there is no need of form 16 at all. if salary reflects in your bank or even cash salary also one can file individual I-T returns. thanks
From India, Hyderabad
Thanks Vaas
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.

From India, Mumbai
Dear Mr.Abhishek,
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.

From India, Pune
Ramakant Sir
Thank you so much for your reply. This has really cleared my doubts.
I once again liked to appreciate everyone who participated in this discussion and provided their valuble inputs.

From India, Mumbai
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