Tds on salary

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Querist : Anonymous

Querist : Anonymous (Querist)

05 March 2012 Whether advance tax paid by the employee be considered while deducting TDS on salary?

Jinesh Bhagdev

Jinesh Bhagdev (Expert)
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05 March 2012 Yes... If the employee provides the copy of the challan for the advance tax paid by the employee, the company can duly take into consideration the advance tax paid by the employee while deducting TDS on salary

Querist : Anonymous

Querist : Anonymous (Querist)

09 March 2012 Sir, is there any provision in law or any case law with regard to this?

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Jinesh Bhagdev

Jinesh Bhagdev (Expert)
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09 March 2012 The Ultimate Motto is to see that the employee has paid correct tax to the government. It goes the same way as it goes for declaration made by the employee with respect to investment u/s 80C.

So if the employee has the challan to prove that he has paid advance tax.. then no need to deduct tax or alternatively u shud deduct less tax as the case may be..

Querist : Anonymous

Querist : Anonymous (Querist)

09 March 2012 Sir, i totally agree with you, but in case of any inquiry, the company should be in a position to defend itself. For that reason, i wanted to know whether there is any provision in law or case law for this issue?

Jinesh Bhagdev

Jinesh Bhagdev (Expert)
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09 March 2012 in case of an inquiry you need to give the reply that i have given u...