TDS return filing considering previous employer income

any short / excess of previous employer could be settled down by employee himself, you have to honour the form 16 issued by previous employer.

in case of short the employee would pay tax and file ITR/ in case of excess , employee would claim refund by filing ITR.

for your safeguard ask employee to submit form 12B with supporting documents copy

THANKS FOR INFORMATION

The same case happened in my office as well.

While filing 24 Q we had considered the Total Salary (i.e. salary paid by the Previous employer + salary under the current employment ) but tax deducted shown as only  Rs.20000/-  .

Hence, dept has issued notice u/s 201 for short deduction of Tax. Therefore, it will be advisable to consider salary actually paid by you & the amount of Tax actually deducted by you.

Issuing form 16 is different from actual filing of TDS returns. As a deductor your duty is to deduct tax properly & issue certificate for the amount paid by you.

Otherwise , dept will held you responsible for short deduction of Tax.

true, 

consider your part 1st, and deduct tax on your payments as per rules, as in case of any deviation you can not get any help from his previous employer, 

use the form 16 issued by previous employer for calculating the threshold exemption limit to the extent enjoyed ( assumed that threshold limit has exausted as TDS taken place, but in some places, due to pro rata calculation threshold exemption limit does not exaust fully)

Thanks to all.

But one question which remains open is that will 24Q of last quarter can be submitted where few of employees have tax liability higher than tax actually paid by us as cited in my example above? (here, Company has relevant documents that reason for same is that earlier Company has deducted higher tax and hence we have deducted only balance tax). Would it not invite notice of income tax on short payment?

are you aware of form 12B submitted by employee to previous employer?

say he has shown 50000/- house property income to previous employer ir 25000 interest on bank FD

so the previous employer calculated TDS and made provision , paid and issued form 16

but at your place he did not mentioned such, so u assume that tax is deducted extra, 

get only salary component, calculate threshold limit if not exausted, fix it with your salary outgo, and deduct tax on that allowing threshold exemption 

any addition / alteration for compliance to old employer would be handled by employee by filing ITR at own.

For individuals, HUF, Association of Persons (AOP) and Body of individuals (BOI): 

Income Tax Rates/Slabs for Assessment Year 2012-13 (FY 2011-12)

say his salary component was gross 3.00 lacs out of which 1.60 was paid by old employer with deducting TDS in excess, now u have to take the remaining 20000 to set off, 

your outgo is say 1.5 lacs , deduct 20000 ( 1.8-1.6 paid by previous employer) and deduct tax on 1.3 lacs, allow chapter VI deductions to the extent documents submitted, and cross check whether reflected in previous employer or not. 

The issue is arising because couple of employees were having very high income in previous organisation (more than 15 lakhs). There these employees had not submitted the investment declaration and hence, their tax deduction was high.

In current organisation, they have submitted the proof. Since entire additional income is @ 30% and all proofs are considered by new organisation, overall taxes are matching. But on stand alone basis, there is less deduction as compared to liability in current organisation.

u are set free to allow the deductions under chap VIA from your organisation taxable income. 

taxable income in your organisation would get reduced to the extent you allow.

be careful in calculations, coz if deducted excess, they can get refund, but if deducted short then company will face multiple music from department.

thanks for information.......