Excess deduction of tds

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aman (Querist)
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07 October 2014 Dear Experts, Mr A has worked for 12months and accordingly tds has been deducted for 12months salary(form 16 is also issued accordinly). But company actually paid salary for 10months and 2months salary is forfeited and Mr A has resigned. Now Mr A wants company to revise form 16. Now i thought there could be two cases: 1. Mr A to file ITR and claim tds refund which was extra deducted by company.(benefit of Mr A) 2. Company revise its tds return and revise form 16. (Benefit of company) Am i going in right direction? I have to advise company and ended up with these two opinion.. thanx in advance..

@VaibhavJ

@VaibhavJ (Expert)
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07 October 2014 Hi

TDS on salary is due & payable post payment of salary, so if salary was not paid to employee, NO TDS would have been deducted & paid to govt.

You may chek with employer.

Thanks

aman

aman (Querist)
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08 October 2014 TDS has been deducted & deposited by the company already.

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aman

aman (Querist)
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08 October 2014 Also salary is not paid & forfeited.

@VaibhavJ

@VaibhavJ (Expert)
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08 October 2014 Hi

In this case company has passed on TDS credit to employee, so that portion of him will be taxable and he can claim TDS credit of amount deducted by employer in ITR.

Thanks