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.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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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.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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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.

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