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Joined in middle

a (abc) (78 Points)

23 November 2011

I have a question,

- if those employees who have joined in middle of the year and they have not submitted their salary certificate or income proof or TDS details or There are submitted wrongly 12B (Income Statement) Like current employer Salary 45K/Month and shown the previous employer salary 20k/Month. So how can I calculate their TDS. Is there any format or any declaration which help me to proof that they have not submitted there above mention documents.

- Who’s responsible for filling up the Form 12B: My previous employer or Employee?

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SAMEER SUTRADHAR (ARTICLE) (42 Points)
Replied 23 November 2011

According to section 192, it is the employee who files Form No 12B.

If Form 12B is filed, then current employer can deduct the TDS on salary paid by previous employer (in case no TDS was deducted by previous employer). And if the TDS was deducted by previous employer, any excess or shortfall can also be adjusted.

It is always in the interest of an employee to furnish such details because otherwise there can be duplication of exemptions and deductions and there can be a shortfall in tax deduction and as a result the employee would become liable to deposit advance tax.