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Tds on salary not deposited by employer

Anand Banka (Sr Manager F/A) (57 Points)

11 January 2013

I AM EMPLOYED AND MY EMPLOYER IS DEDUCTING TDS ON SALARY BUT FROM APRIL 12 ONWARD HE IS NOT DEPOSITING THE SAME OF OTHER EMPLOYEE HOWEVER TILL NOW NO INCOME TAX IS DEDUCTED FROM MY SALARY BUT THE SAME IS TO BE DEDUCTED FROM JAN 13 TO MARCH 13 FROM MY SALARY

CAN I CALCULATE THE INCOME TAX ON MY SALARY AND DEPOSIT THE TAX MYSELF TH ADVANCE TAX AND PRODUCE THE CHALLAN TO THE EMPLOYER SO THAT EMPLOYER WILL NOT DEDUCT THE INCOMETAX FROM MY SALARY

IS EMPLOYER IS LIABLE TO DEDUCT TAX IF I PRODUCETHE TAX DEPOSIT CHALLAN TO EMPLOYER ALONGWITH CALCULATION SHEET

CAN THE EMPLOYER ISSUE FORM 16 WITHOUT DEDUCTING INCOME TAX AS I HAVE ALREADY DEPOSITED THE TAX

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Nikhil Kaushik (Fellow CA) (85569 Points)
Replied 12 January 2013

Originally posted by : Anand Banka
	I AM EMPLOYED AND MY EMPLOYER IS DEDUCTING TDS ON SALARY BUT FROM APRIL 12 ONWARD HE IS NOT DEPOSITING THE SAME. TILL NOW NO INCOME TAX IS DEDUCTED FROM MY SALARY CAN I DEPOSIT THE TAX MYSELF AND PRODUCE THE CHALLAN TO THE EMPLOYER IF YES THAN CAN THE EMPLOYER ISSUE FORM 16. BY THIS I CAN FILE MY inCOME TAX RETURN IN TIME PLEASE PROVIDE THE INCOME TAX RULE OD ANY NOTIFICATION REGARDING THIS.

Dear Anand,

Your query is a bit confusing. First you say that your employer is deducting taxes but have not deposited from April 2012. Next you say that no taxes have been deducted from your salary!!!

Anyways, in case no taxes have been deducted by your employer, you may kindly compute your tax liability and liquidate the same via payment of tax as ADVANCE TAX.

Once that is done, you may provide the copy of challan to your employer as he has an option to deduct taxes anytime till March!!

Even if he doesn't deduct taxes, you can file the return on the basis of challans for tax deposited by you. Even if your employer doesn't provide you with Form 16, you may file return on the basis of monthly salary receipts you might be having.

By doing the above, you shall cover for all the compliances. However, your employer shall still remain liable for deducting taxes and issuance of Form 16.

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