Tds
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
24 July 2013
Dear Sir,
If employer default to deposit the Tds, employees are liable to deposit the same ?
please anser.
If employer default to deposit the Tds, employees are liable to deposit the same ?
please anser.
24 July 2013
Practically speaking employees are not liable to pay tds deducted by employer.
but in case if employer fails o pay after deducting tds then for getting the benefit of tds refund or adj.later while cal final tax liability of employee, employee should pay in self int.
but in case if employer fails o pay after deducting tds then for getting the benefit of tds refund or adj.later while cal final tax liability of employee, employee should pay in self int.
24 July 2013
Dont worry you will get credit of TDS if employer deducted TDS from you even if he defaulted in depositing the TDS.
In a recent development pursuant to the judgment of the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273, the CBDT vide Instruction no. 5/2013 [F.No.275/03/2013-IT(B)], dated 8-7-2013, directed all officers that -
when an assessee approaches the Assessing Officer with requisite details and particulars in the form of TDS certificate as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down.
In a recent development pursuant to the judgment of the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273, the CBDT vide Instruction no. 5/2013 [F.No.275/03/2013-IT(B)], dated 8-7-2013, directed all officers that -
when an assessee approaches the Assessing Officer with requisite details and particulars in the form of TDS certificate as an evidence against any mismatched amount, the said Assessing Officer will verify whether or not the deductor has made payment of the TDS in the Government Account and if the payment has been made, credit of the same should be given to the assessee. However, the Assessing Officer is at liberty to ascertain and verify the true and correct position about the TDS with the relevant AO (TDS). The AO may also, if deemed necessary, issue a notice to the deductor to compel him to file correction statement as per the procedure laid down.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Tax Audit Applicability – Newly Formed Partnership Firm with Profit Below 6%/8%
- TDS CREDIT MISMATCHING
- Buy back of shares u/s69
- Difference between Date of Payment and Date of Deduction?
- Need Professional Opinion - AY 2012-13 Old Demand & AY 2026-27 Refund Adjustment
- ITR 4 and Bank transactions
- IS AUDIT MANDATORY IF COMMISSION INCOME IS MORE THAN 50 LAKH
- EMI ISSUE IN HOUSING LOAN OLD REGIME
- Bank details not Visible on Traces Portal
- Taxability of Partnership firm for FY 2025-26
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
- LLP audit under companies act
- Experienced CA recommendation from Kolkata for FNO return filing
- Interest Reporting in Form 168
- Sales of goods of amount Rs77 lakhs to a party
- Tax Demand of ₹4,650 for AY 2026-27
- Concept of Vendor and customner reconciliation
- Mistake in e-invoice identified after 24 hours
- EXPORT PAYMENT
- NRI ITR2 account in 2025-26.
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
