If an emloyer was liable to deduct tax of Rs. 10000 from salary of an employee, but he deducted only Rs. 2000 wronly and deposit the same, now whats the remedy available for employer and employee.
CA. Gaurav Bansal (CA) (53 Points)
11 June 2010If an emloyer was liable to deduct tax of Rs. 10000 from salary of an employee, but he deducted only Rs. 2000 wronly and deposit the same, now whats the remedy available for employer and employee.
SRINIVASA MURTHY
(Asst Manager (Finance))
(186 Points)
Replied 11 June 2010
The person responsible for paying the salary may, at the time of deducting tax at source, increse or decrese, the amount to be deducted for the purpose of adjusting any previous deficiency or excess deduction.
the short fall may be deducted in the nxt month.
Shyam Lal Naik
(Service)
(6156 Points)
Replied 11 June 2010
The employer shall issue certificate for the actual amount deducted. The employee shall claim the excess amount as refund in his return.
Ashish Sharma
(Service)
(1028 Points)
Replied 11 June 2010
1. employer can Adjust it with next months tax liability of employee if any
2. if the return not submitted the deducted amount can be paid back to employee in next month if he has no liability of tax and can be adjusted with the employee whose tax has to be deducted in next month deduct with his salary and adjust it in return
3. last remedy for employee to claim refund from IT department
Regards
Ashish Sharma
SRINIVASA MURTHY
(Asst Manager (Finance))
(186 Points)
Replied 11 June 2010
Dear Friends, the employer is suppose to deduct Rs.10000/- but he has deducted Rs.2000/-, there is no point to claim refund from the Dept.
there is an obligation to pay Rs.8000/- to the government still