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if tds not deducted in salary

Mahesh Rathinavelu (Assistant Manager) (62 Points)

16 February 2010

HOW TO DEDUCT A TAX IN SALARY...? IF I COULD NOT DEDUCT AND REMIT WHAT WILL DONE ..?

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5 Replies

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)
Replied 16 February 2010

Then Employer Penalized For Non Deducting TDS..

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BHARAT (PRACTICE) (54 Points)
Replied 16 February 2010

Employer has to estimate yearly salary of the employees and based on declaration of the employees, he has to calculate taxable salary income for the year and based on total tax liability, he has to recover tax every month from the the salary payment to emplyees. Since no tax is dedcuted in your case, person responsible for payment will be liable for penal action.

BHARAT (PRACTICE) (54 Points)
Replied 16 February 2010

Ameet (L) (1678 Points)
Replied 16 February 2010

U/s. 192 - Any person responsible for paying any income chargeable under the head “Salaries” shall, at the time of payment, deduct income-tax on the amount payable at the average rate of income-tax computed on the basis of the rates in force for the financial year in which the payment is made, on the estimated income of the assessee under this head for that financial year.

On failure -

such person shall be liable to pay, by way of penalty, a sum equal to theU/s. 271 C -deduct the whole or any part of the tax as required by or under the provisions of Chapter XVII-B; amount of tax which such person failed to deduct or pay

$wap$ (Assistant Auditor) (189 Points)
Replied 17 May 2010

The employer does not deduct tax on monthly basis but deducts correct amount of tax from salaries of employees in the months of july, august and september.. whether the above provisions should be considered???