Hi team,

Need your valuable inputs on this.

My Ex-Employer has deducted TDS of 63K form my pay but paid only 52K to Govt. The 11K difference is from Oct 2014 payslip. I have worked with that company only for 5 months.

I noticed this only while filing my ITR in 2016. Immediately I've informed the HR team and requested their action on it. After 3 months of follow ups, they called me and said that the 11K difference was wrong and they didn't deduct the TDS from my Oct Payslip. They even sent me an updated payslip which has no deduction. They even told me that I was wrong in saying that they deducted extra TDS. As soon as I saw the MANIPULATED payslip from them, I told him that I would like to take a legal approach fo which he said- DO WHAT YOU WANT claiming that the company did nothing wrong.

I have now cross checked and found 2 proofs.

1. The original payslip I had was correct.

2. My Bank statement shows the net pay as mentioned on my original payslip.

I called the HR to tell that I found the proofs. Now, the tone of the HR guy totally changed and is asking me to share the docs so that he can sort it out now.

Now, I would like to take a legal approach for 2 things.

1. They deducted the TDS from Employee and did NOT pay to the GOVT.

2. They made me wait for 3 months without any proper action on my request.

3. They MANIPULATED the payslip after such a long time to FOOL me.

Please share your inputs as I want to teach them a lesson.

your employer may have deducted the tax from your salary but has failed to deposit the same against your PAN with the government. If your employer is not paying heed to your complaints regarding the same, then you can approach the income tax department.
TDS is deducted by the employer or deductor and the same has not been deposited with the government, in those cases income tax officers must not harass the employees (deductee) and the same must be recovered from the employers/deductors.
It is advisable for every person, whose income is subject to TDS, to check their Form 26AS regularly during the year to ensure that all the tax deducted against their PAN is reflected in the form. You should also ensure that you have provided your correct PAN details to your employer. Otherwise, the employer may have deposited your TDS against the wrong PAN, i.e., into the account of the person to whom that PAN belongs.

From India,

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