ITR

Employer deducted TDS but never deposited it

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Sec 205 says you cannot be asked to pay tax directly to the extent it was deducted from your income. A CBDT Office Memorandum of 11 March 2016 tells officers not to enforce such demands against the employee. You need proof that tax was actually deducted.

Provisions

Sec 205, Income-tax Act 1961; CBDT Office Memorandum dated 11 March 2016 (Sec 205); Sec 201(1A) (now Sec 398(3))

Analysis

If your gross salary was ₹10 lakh and payslips show ₹70,000 TDS with net pay credited to your bank, that ₹70,000 should not be recovered from you again under Sec 205. CPC may still show a demand because the credit is missing, so respond to the demand disagreeing and cite the OM, and raise a grievance with the Assessing Officer. The department can recover the money from the employer with interest under Sec 201(1A). Keep payslips and bank credits as your main proof.

Close

  1. Collect payslips, Form 16 if any, and bank credits of net salary.
  2. Respond to any outstanding demand as disagreeing, citing Sec 205.
  3. Raise a grievance to the Assessing Officer with the proof.
  4. Ask the AO to apply the March 2016 OM.

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