Excess Advance Tax Credit adjustement Against Tds liability

Tax queries 888 views 2 replies

Hi friends & Dear Ones

Employer start to deduct tds on salary but in the mid of financial year he stop to deduct tds on salary for further months as employee has paid more advance tax hence when we are computing overall income of employee we find that tds already deducted+ advance tax paid is already more then what employee tax liability comes hence because of which employer subsequent doesn't deduct tds from salary.

Now tds officer issue notice to employer that why tds not deducted for renaming months & he is demanding now tds liability with interest amount. Employer explain to tds officer but he want some strong evidence. So please friends & experts kindly advise on above mater and provide any case law reference.

Replies (2)

 

Your company should have to deduct tds whether employee deposit advance tax or not its company responsibility hence you have to pay as demand raise by IT… well before depositing try to convince to AO that employee give us on writing their income  with calculated of tax liability in that tax liability advance tax was already included so we deduct tds accordingly on remaining their tax liability 

take a letter from employee requesting not to deduct TDS, as he has paid advance tax , but this is not a valid reason. however u can try this 


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