TDS

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 February 2010 if the employee paid the whole tax on his salary income, then does the employer is liable to deduct TDS on salary

Selvakumar Selvaraj

Selvakumar Selvaraj (Expert)
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10 February 2010 If employee paid the Tax then the employer is not liable to deduct tax provided the employer should possess the documents to show when demanded by Department of Income tax. There is a case law for this.

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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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10 February 2010 Yes.if the valid documents provided for payment can be considered

Querist : Anonymous

Querist : Anonymous (Querist)

11 February 2010 if the employee paid the whole tax on his salary income, then does the employer is liable to deduct TDS on salary and how the Form 16 will be issued by employer. I mean to say that advance tax will be shown in which colomn of Form 16A. is there any case law please give the name of case law

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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11 February 2010 My view if the employee paid directly the tax, employer has to check and confirm the same the tax payment, if the employer confirm if the tax is paid you can considered and not necessary to deduct the same. the total tax of the employee need to verify and you may issue the form 16 with tax payable and the same can be used by the employee in ITR as self assesment tax paid

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