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Section 192 of Income Tax deals with deduction of tax from salaries paid to the employees by certain tax payers like company, cooperative, trust, firm, govt authorities etc. Tax is not deductible if salary is not paid actually even if it is provided as payable in the accounts of tax payer. Tax is deductible as "average tax payable" by employee which may be dependent on various conditions of the employee in each case. Therefore it may happen that any 2 employees drawing equal salary may suffer different tax liability to be deducted by the employer.

Since the quarterly TDS Return Form 24Q contains only net salary paid and tax deducted actually during a particular quarter, the Form 16 generated by system for the year contains only the salary net paid and tax actually deducted for a financial year which does not match with total salary income and tax deductible there from. In other words, Form 16 provides a misleading data to the assessee as well as department and AO gets an opportunity to call for information from employer and employee both.

Therefore if Sec 192 is amended on the lines of other provisions of chapter that gross salary paid (without any deduction or exemption) for over 250000/- in one year shall suffer TDS @5% and return of 24Q shall be filed like 26Q. then TDS return will show gross salary paid to employees for the year. All employees making eligible investments, deduction claim will file the ITR and will pay self assessment tax or claim refund. 

This will absolve of the employers from problem of to discuss tax evasion and planning measures with employees,  pay cash salaries, employ on contract etc on one hand and will ensure reporting of correct wages paid by business entity on the other.

Like Sec 194C for transporters, employers must collect PAN of all employees whose wages exceed 250000/- pa and details of salary be included in TDS return, whether or not tax is deducted from it.

ITO may also verify the gross amount of specified payments made by tax deductor and Tax Audit report can endorse it also. It will help department to track individuals who escape tax by suffering TDS and not filing the ITR etc. 


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Category Income Tax, Other Articles by - CA Pradeep Garg 



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