Error In TDS Calculation And Form 16 From Previous Employer.

Girish_Bangalore
I received my form16 from previous employer, but I found that he is not considered Medical reimbursement & HRA for tax exemptions. I provided medical bills (his mistake not to consider it) but forgot to give rent receipts (my mistake) before leaving the job. Now my previous employer refusing to update the form 16. More TDS has been deducted as HRA & Medical exemptions are not considered. Is there any legal way to approach the previous employer to correct the form 16.
Arun Kumar Maitra
While submitting the IT return, you can recalculate your tax liability by considering relief available for medical reimbursement and HRA and show the refund due to you.However, keep documentary proof ready to prove your case , in case any notice is received from the ITO ?
Girish_Bangalore
Thank you Mr. Arun, I have no refund to claim. I informed my present employer that more TDS has been deducted from previous employer, and requested them to deduct less hoping that i'll get updated form 16. But my previous employer denying to update it. My total taxable income and total TDS are matching as per my calculations considering HRA and medical reimbursement, if I go as per form 16's I may have to pay more.
Will that be a problem because Form 26AS is with ITO which contains my total paid income and TDS?
Arun Kumar Maitra
Dear Girish,
There will be no problem
Please file your Return as per actual tax payable considering your income from all sources and after deducting TDS.You are only making true and correct information to the best of your knowledge and belief before the ITO. He may issue a notice to verify your documents relating to medical reimbursements and HRA.So please keep all documentary evidences ready to produce the same at the time of hearing.Your employer was legally bound to consider disclosure made by you regarding TDS by your previous emoployer as per provisions of the Act.It was a violation of the statute on their part.
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