Section 211 - Applicability to Salaried person

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Anil (Querist)

13 March 2008 The TDS deducted for a salaried employee takes care of his entire tax liability for the year.His tax liability for the year is more than Rs.5000

Does that person has to check whether he complies with section 211 of IT Act to see whether 30%, 60% and 100% of his total tax liability for the year is deducted and paid to IT dept. before 15 Sept, 15 Dec and 15 March respectively?

If not, which is section that says section 211 is not applicable to salaried employee?

Jitender Garg

Jitender Garg (Expert)

13 March 2008 Liability of employee to pay advance tax come to end when TDS has been done.
Now it is thelib. of company to pay TDS on time otherwise Interest is to be paid by company.

Anil

Anil (Querist)

13 March 2008 Thank you very much for your answer sir.

1)Let us say the company deducts less tds due to mis-calculation. Can the employee escape liability because - 'Liability of employee to pay advance tax come to end when TDS has been done'?(your answer reproduced). Kindly let me know the IT section based on which you have answered my previous question.

2)Suppose a professional's remuneration is 7 Lacs/ annum.The company deducts only 10%+surcharge+education cess as tds.(Sec 194J) This person has only professional income and has taxable income of say 5 Lacs. Is section 211 applicable to him? .Kindly quote section or case laws.

Thanks

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)

14 March 2008 The advance tax liability itself is determined only after deducting TDS (Refer to section 209).

The instalments are therefore only inrespect of adv tax payable.

As regards TDS is concerned the person responsible for paying will have to take care of the provisions of the Act.

Anil

Anil (Querist)

14 March 2008 Doubt cleared. Thank you.

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