TDs Not Deposited By Employer

Ask form no.16 to your employer

defrant nomini &successor

complain it to tax department.

Then you are safe. File the return, pay tax, and sit cool. You are saved from penalty.

You can not make any complaint to anyone. Both of you have statutory responsibilities to file returns and deduct TDS and pay the same to the Dept. Both of you failed. Correct the flaw at the earliest.

Of course by all means ultimately you are the loser even if TDS is paid by the company. You immediately file your return and pay the tax. When the company PAYS, you can claim refund. But from your query it is presumed that co. has paid you the amount also which it ought to have deducted as TDS.

You file your return in time and pay the correct tax stating facts. If necessary a revised return can be filed later. As per IT Act it is the duty of the employer to deduct tax at source and pay the same to the Dept. If it is not done so the employer alone is liable for prosecution and penalty.