I received a tax defect notification on Jul-21-2023 mentioning a discrepancy in my filing specifically related to form 26 AS (attaching the same for reference).
My former employer is refusing to revise the TDS even after multiple requests without providing any valid/legal justification. Kindly allow me to explain my situation.
Background of the issue:
For the FY23,
I was part of TCS-Germany from Apr-01-2022 until Jan-16-2023. I earned my income in Germany and paid my taxes here. I did not receive any income in India during the period.
On Jan-16-2023 I traveled back to India and from Jan-17-2023 to Feb-17-2023 I was part of TCS-India and earned my income here. My last date with TCS was Feb-17-2023.
On Feb-27-2023, I traveled back to Germany to start to work with my new employer. Hence, my total period of stay in India was only 43 days. I have the immigration proof in my passport (attached for reference).
However, TCS determined my period of stay to be 74 days by including Mar-01-2023 till Mar-31-2023 as well and deducted tax for the entire year deeming my residential status as "Resident of India" while in reality I was an NRI for FY23.
Once I found out that the TDS was deducted incorrectly, I immediately reached out to TCS to share my immigration proof.
Based on the advice from my tax consultant and the instruction provided by the tax department in the FAQ section I have been trying to get the Form-16 revised by TCS.
However, TCS is not cooperating. I am simply getting generic responses and I am being told that TCS cannot share a revised form 16. I am not sure how to proceed further with this.
Kindly help me with any inputs/suggestions that my employer should be communicated to. As my response is just 2 days away, I am under severe duress about the whole situation. Was this information helpful? |
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