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Employer didn't deposit the TDS it deducted on your salary. How to claim it?
April, 13th 2017

I was an employee of Kingfisher Airlines. The company didn't deposit the TDS it deducted on my salary. As a result, it was deducted from my IT refund to the tune of Rs 4.4 lakh. How should I claim the amount?

Under the provisions of the I-T Act, 1961, an employee is entitled to claim credit for the tax deducted at source by the employer even if the same is not paid by the employer. If you have the evidence to prove that the tax has been deducted at source, then you are entitled to claim the TDS while computing your tax liability.

As your employer has not paid the tax deducted from your salary, there will be no Form 16 with details of the payment of TDS.On the administrative ground, the lower authorities will not give credit for the TDS not paid by the employer. You can file the appeal against the order not granting credit for TDS.

You can also inform the Commissioner of Income Tax (TDS) in whose jurisdiction the case of the employer falls about the non-payment of TDS. Although legally your claim is valid, you will have to litigate with the tax department for your genuine claim of credit of TDS.

My salary falls in the 30% tax bracket. My sister is unmarried with no source of income. Are there any tax implications if I transfer Rs 30,000 from my salary bank account every month to my sister's saving bank account? Do I need to create a gift deed every month for documentation purpose?

Assuming FD is created every month for this amount in her bank account, can she still deposit Form 15G in her bank as her total taxable income from Bank FD interest will be less than the minimum tax slab of Rs 2.5 lakh? She would like to deposit 15G so that the bank does not deduct 10% TDS as she does not file tax return.

Every month you can give gift to your sister of Rs 30,000. Neither you nor your sister will be liable to pay any tax on the amount. She can invest the amount received as gift in the fixed deposit and earn interest income. As her total income is below Rs 2.5 lakh, she can furnish form 15G to the bank under Rule 29C of the I-T Rules, 1962, either in the paper form or electronically.

My 80-year-old father is suffering from Parkinson's Disease. He is totally dependent on me. I believe under the circumstances certain deductions can be claimed under the tax law. Please let me know how much can I claim, under which section, and the supporting documents that have to be submitted.

Under Section 80DD of the I-T Act, 1961, an individual who is a resident in India and is incurring any expenditure for the medical treatment of a dependant being the person with a disability, then a tax deduction will be allowed up to Rs 75,000 from the gross total income of that person. The word “dependant“ is defined under Explanation to Section 80DD and includes the parents.

The word “disability“ is defined under sub-clause (c) of the Explanation and various disabilities are described therein. You are requested to verify the provisions of Section 80DD as certain formalities are to be complied with to claim the deduction.

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