Its a long and difficult way.
First, since the TDS has not been deposited, it will not be reflected in Form 26AS and hence, when you file returns, you will not be given credit by the income tax processing centre.
You will have to file an appeal before the Commissioner (Appeals) showing various supporting documents and evidence of deduction of taxes. There are certain supporting judgments of even High courts like Yashpal Sahni etc. where the Courts have laid down the principle that once the tax is deducted, the deductee (i.e. yourself in this case) should get the credit and the department should recover the same from the deductor.
If the Commissioner (appeals) does not accept the same for any reason, file an appeal before the Income Tax Tribunal. there are very good chances you will get relief here.
PS: Also send reminders and legal notices to the deductor. These will be invaluable later on.
—— Direct Tax Team
Entrecap Business Services
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