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TDS Certificate

Sorabh Gupta (Manager ( Taxation )) (877 Points)

08 April 2009

I have one query regarding form 16.

Like if any one of the employee join after 01st April then he has to give previous employer salary certificate.

On that basis we have to calculate & deduct tax after consider the previous employer salary.

But whether at the time of issuing Form 16 , should we mention the previous employer salary & TDS deducted if any, in the TDS certificate. ( As column mention in the Certificate)

whether we can issue TDS certificate only on the basis of salary & tds deducted by us.........

Please also give the any refernce of section OR interpretation of section , cases....

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8 Replies

deepak K Gujrati (CA-practice) (966 Points)
Replied 08 April 2009

If the employee has given the details of previous employment Salary , It must have been considered while deducting TDS by your company i.e. the present employer. If it so, you must include it in Form 16 to be issued by you.

If it has not been considered while deducting TDS by the present employer, it is not required to be shown. Only payment made by the present employer abd TDS deducted should be shown.

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deepak K Gujrati (CA-practice) (966 Points)
Replied 08 April 2009

If it has not been considered while deducting TDS by the present employer, it is not required to be shown. Only payment made by the present employer abd TDS deducted should be shown.

deepak K Gujrati (CA-practice) (966 Points)
Replied 08 April 2009

If it has not been considered while deducting TDS by the present employer, it is not required to be shown. Only payment made by the present employer abd TDS deducted should be shown.

M.M.SURANA (Director -Taxation ) (532 Points)
Replied 10 April 2009

Mr. Sorabh, I agree with Mr. Deepak. If your employee disclose or give the detail of any other income U hav to include, since there ia col in Form 16 : Add any other income reported by the employee. I advise U to obtain declaration from your emloyees in this regard for the safe side and in interest of your company. U should not be under defualt. Noe a days all the credit of TDS is on Net.

Surana, Chennai

9952967237

(Guest)

is it necessary to declare previous elmployer's income ? What is the IT provision

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M.M.SURANA (Director -Taxation ) (532 Points)
Replied 11 April 2009

Mr. Rajesh

The employee may or may not declare his other income to the the employer. I hav seen in some of leading companies, they take declaration of income and detail of deduction, which r to be claimed under chapter VIA from there employees in the interest of employer as well as in the interest of employees in own format of declaration. In the case. If emplyee furnish the detail of other income and in case of loss under the head " Income from House Property " it is to be considered for TDS purpose. If employee is not furnishing detail, let him pay tax at his own.It is in his/her own interest only, to avoid interest on tax af any paybale is there.

Surana, Chennai

9952967237

Surana, Chennai

9952967237

Sorabh Gupta (Manager ( Taxation )) (877 Points)
Replied 11 April 2009

Mr rajesh & Mr. Surana

As you all righlt said but i would like to made some slightly changed that in case employee joinf in the mid of FY & he doesn't declare his previous emplyer income then in that case new employer must take his current salary as a base for his full FY income for income tax computation. And its employer liability to follow the above rule...............

Please comment ..............

M.M.SURANA (Director -Taxation ) (532 Points)
Replied 11 April 2009

Mr. Sorabh

As I hav already mention that Employee may or may not declare his other income, declaraton of income to present emplyer will be in her/his own interest. If employee doen't declare other income, employer may calculate salary at his own as per provision of taxable income and can deduct the tax. But for safe side he may ask declaration in writing, and he fails to submit, emloyer may go at his own.

Surana, Chennai

9952967237