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This discussion addresses a discrepancy between the salary reported in Form 16 and the TDS amount shown in Form 26AS. The company claims the difference is reimbursement for expenses, but TDS was deducted on the higher amount. The consensus is to file the Income Tax Return (ITR) based on the salary shown in Form 16 and the TDS deducted on that amount, as TDS is not applicable on expense reimbursements. The importance of matching figures and potential revision of TDS returns is also highlighted.

Dushmanta Rana

Dushmanta Rana (Querist)

01 February 2021 AS PER FORM 26AS TDS UNDER SECTION 192 DONE ON RS 33,52,841.00
AND IN FORM 16 SALARY SHOWN RS 26,62,706.00
NOW THE COMPANY SAYING THAT THE DIFFERENCE AMOUNT FOR RS 690,135/- IS THE AMOUNT OF REIMBURSEMENT OF TRAVELLING AND OTHER EXPENDITURE.
COMPANY IS ASKING TO THE ASSESSEE TO CONSIDER RS. 26,62,706.00 AS HIS SALARY WHILE CALCULATING COMPUTATION SHEET WHICH IN MY OPINION IS NOT CORRECT BECAUSE TDS DONE ON RS. 33,52,841.00 THEN I HAVE TO SHOW THAT FIGURE AS SALARY I CAN'T CONSIDER RS. 26,62,706 AS SALARY .
PLEASE GUIDE ME WEATHER I AM WRONG OR I HAVE TO CONSIDER RS. 26,62,706.00 AS SALARY WHICH IS NOT MATCHING WITH FORM 26AS.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

02 February 2021 TDS not applicable on reimbursement of expenses. File ITR based on salary shown in form 16 and TDS deducted only on it. You can reply if any query raised no problem.

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Dushmanta Rana

Dushmanta Rana (Querist)

02 February 2021 I agree with you Sir,
but the figure on which TDS has been done is Rs 33 52 841/- and the company is saying that Rs.26,62,706/- is his salary and rest amount is reimbursement of expenses where as the TDS done on 33,52,841/- now how may I consider Rs. 26,62,706/- as his salary ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

02 February 2021 In form 16 salary is shown only 26.62 lacs TDS should have been deducted on it only.
Give details of Gross income deductions TDS amount as per form 16.

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Dushmanta Rana

Dushmanta Rana (Querist)

04 February 2021 Sir, that's my point as per Form 16 Rs. 26.62 laksh which is salary and as per Form 26AS TDS u/s. 192 done on Rs. 33.52 lakhs.
Now in computation sheet if i am not wrong then i have to calculate by considering the figure i.e. 33.52 lakhs as his salary because TDS done on Rs. 33.52 lakhs.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

04 February 2021 Give form 16 details. Give gross salary, deductions, net salary and TDS. 26AS reflect what is there in form 16.
If form 16 shows gross salary as 33.52 lacs then TDS return to be revised.

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Dushmanta Rana

Dushmanta Rana (Querist)

11 February 2021 Sir is there is any specific Deceleration Format for a Doctor who is requesting a Diagnostic Centre not to deduct tax U/s.194J.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

12 February 2021 If you earn taxable income you can't submit such declaration.

Dushmanta Rana

Dushmanta Rana (Querist)

18 February 2021 Then how that diagnostic centre will save for not deduction TDS as at any point of time under scrutiny assessing officer may disallow that payment expenses for not deduction of TDS so what's the way to safeguard diagnostic centre.

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