Employer Deducted TDS But Didn't Deposit It? Section 205 Says You Don't Pay Twice
Your payslips show tax deducted every month. But Form 26AS shows nothing — your employer took the TDS from your salary and never deposited it with the government. Then the worst part: the tax department's portal denies you credit for that TDS and raises a demand on you . Paying tax twice for your employer's default feels outrageous because it is — and the law agrees. Section 205 of the Income Tax Act says the department cannot recover that tax from you again. Here's how to use it, step by step. How this situation happens Companies in financial stress — the same ones doing layoffs, delaying salaries, and skipping PF deposits — sometimes keep deducting TDS from salaries (it improves their cash position) while quietly not remitting it. You discover it months later, one of three ways: your Form 26AS/AIS shows less TDS than your payslips , your employer never issues Form 16 (they can't generate a proper one without depositing), or you file your ITR claiming the TDS and r...