Taxes on unpaid salary & Tax filing without Form-16

k01012010

Hi,
In short, the organization we work for,has not deposited TDS into the Govt. account. Form 16 for the year 2008-09 has been distributed to the employees. For the year 2009-10 salaries for the past five months have not been paid, for the months of salary paid, pay-slip depicts deduction of TDS, but we believe that even this year Form-16 would not be issued. Though the employee is at no fault and due to delayed salaries is not in position to pay any advance tax, what is the path one should follow so as to not get into problems with the IncomeTax department.
Also how can a salaried employee file tax without Form-16
A detailed response would be appreciated as there are many individuals with different firms with similar problems.

Kumar

cavsmodi

1.As per Income tax act,Income from salary will be liable to tax based on due or receipt basis whichever is earlier.Henceforth according provision of tax you will liable to tax even if salary is not received.

2.No need to attach form 16 to file your income tax return.But you should know the breakup of salary ,TDS amount deducted,and TAN no of employer to file your return.

however it is your statutory right to ask for form 16 from employer and employer himself dosenot issue such form before 15 april 2010 he is liable to pay penalty and under default

please feel free to ask any question .my mail id

with regards.
vaibhav