TDS by the employer
This query is : Resolved
29 March 2010
the employee has filed his I.T. Return as per his form-16 issued by the employer.
the employer has deducted TAX at source from employees income on the same.
but if the employer does not pays the deducted amount to the government and the employee gets a notice that his tax has not been deducted.
now wt is the responsibility of the employee.
the employer has deducted TAX at source from employees income on the same.
but if the employer does not pays the deducted amount to the government and the employee gets a notice that his tax has not been deducted.
now wt is the responsibility of the employee.
29 March 2010
John,
The best way out is to ask the employer to pay the TDS amount. But if he refuses then you can show form 16 obtained from your employer as a proof.
If the employer has deducted TDS and issued form 16, it is the duty of employer to deposit the same and if he doesn't then employer is at fault and not employee.
Regards
The best way out is to ask the employer to pay the TDS amount. But if he refuses then you can show form 16 obtained from your employer as a proof.
If the employer has deducted TDS and issued form 16, it is the duty of employer to deposit the same and if he doesn't then employer is at fault and not employee.
Regards
Message likes :
1 times
29 March 2010
Once the TDS has been deducted by the employer from the salary of the employee the responsibility lies on the employer to deposit the same with the government. If it fails to deposit the TDS with government, the income tax authorities cannot proceed against the assessee-employee for recovery of said tax once again. The issue was settled by the Mumbai High Court in Yashpal Sahni vs Lan Eseda Industries Ltd and others, Bombay HC, 2007
Message likes :
1 times
29 March 2010
Agreed with the Experts. Employee is not at default.
29 March 2010
Form-16 is final proof.with out payment Employer cannot be issue form -16 because there is provision in form 16 for payment and challan details. so employee no need to worry
Message likes :
1 times
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- GST on export of services and Input Credit
- ITC temporary reversal and reclaim
- Applicable TDS rate for sale of property in Nov 2024
- Inventory of finished goods
- Confusion around Form 26QB fields
- Quiery in relation to GST liability in case of an advocate who has obtained GST registration.
- Tds on building rent monthly
- Should I report my US salary for January, February, March in Schedule FA?
- BUYING PROPERTY COULD NOT FILE 26QB
- Gst input for FY 23-24
- Regarding Waiver of Interest levied u/s 50 of PGST/CGST Act
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
- 133(6) DIN INVALID format error - ->WHERE TO REPLY 133(6) notice?
Trending Online Classes
CAclubindia
