Received A Tax Overdue Notice From Income Tax Deparment But Lost My Form 16 From Employer

Hi All,

Recently i have received a notice mail from incometax deparment asking for overdue tax for year 2008-2009.

I had changed my organization two year back.

I did never received any intimation from my employer that time for any over due tax.

Generally if there is a tax overdue, employer deduct it from salary; if sufficient documents for tax saving are not submitted by employee.

Unformtunately I have lost the form 16 for that year.

As per my understanding - it is employer responsibility to collect tax from employee and deal with incometax deparment. If there is some tax overdue emplyee should be notified at time.

I have salary slips and tax statement of that year with me as PDF documents which shows required tax paid. And the tax amount for which i have received the notice is even bigger than the tax amount i have paid.

I had requested my previous employer for Form 16 for that year but their HR dept. replied it may take significant amount of time (up to 3 months).

Could you please suggest what should i do.

What if the over due tax (as per notice form incometax dept) will not be paid for some longer time.

Thanks

Vikas

You may first check the following :-

Had you filed your Income Tax Return for that year ? If not, most probably the demand has been raised due to this with penalty. If you have filed ITR please read the order of demand carefully on which account the demand has been raised.

There may be other reasons like error in filling your PAN number in TDS return by your employer which may lead non-credit of your TDS in your account or non deposit of your TDS by your employer. You may ask your employer to furnish a copy of Challan to confirm correct deposit of amount deducted at source. This can be further compared with the Form26AS (this will show you the income tax credited to your account) which can be downloaded by registering at https://incometaxindiaefiling.gov.in

The other reason may be high value transactions which are reported to the Income Tax Department through Annual Information Return.

It would be better if you consult a Chartered Accountant with all relevant documents. He can guide you properly to tackle the issue.

Regards.

SK