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TDS Certificate

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

09 April 2009

Dear ALL

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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7 Replies

Jyoti Malik (ACCOUNTANT) (2644 Points)
Replied 09 April 2009

If he joins in the mid of F Y then You should calculate the TDs after considering the Last Salary income & TDs ( he received the form 16 from his last employer) you should issue TDS Certificate from your side(at the time of filing his return he can merge the incomes of both Form 16s and utilized the TDS and as it shows nil balance of tax liablity.

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Jyoti Malik (ACCOUNTANT) (2644 Points)
Replied 09 April 2009

C.A. M.Com. Suhas A. Nagpure (CA) (1175 Points)
Replied 09 April 2009

Hi Sorabh,

If employee submit his previous employment certificate (i.e. Provisional Form -16) to the new company. Then at time of calculation of TDS for the whole year the previous employment Salary as well as TDS will be considered & accordingly TDS will be calculated.

If employee is not submitting any previous employment details then TDS will be calculated as he is not worked anywhere before and not having any previous employment Income (i.e. Salary)

Sorabh Gupta (Manager ( Taxation )) (877 Points)
Replied 09 April 2009

Mr Suhas

If emplyee is not submitting his previous employer certificate then he has give a self attested declaration for such information. But my question is something different .

Please give ur opinion on that ..............

CA Surajit Roy (Service) (89 Points)
Replied 09 April 2009

Dear Sorabh,

If as employer U have Form 16 from past employer..then the Salary received as well as TDs deducted by earlier employer should be mentioned in Form no 16.

CA Surajit Roy

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C.A. M.Com. Suhas A. Nagpure (CA) (1175 Points)
Replied 09 April 2009

Hi Sorabh

Mr. Suraj is correct as a employer if you have the declaration or Form 16 from previous employer then such amount of salary & TDS on that should be included in the Form -16.