28 June 2011
Sir, IF due to wrong calculation on employer part he deducted less TDS from his employee and now not issuing FORM 16 to employee and saying employee to pay tax to dept directly. What should an employee do in this case? which form to be used by him????
29 June 2011
In any case the payment has to be the liability of the employee. Better send a letter to your employer that he can deduct the tax now and pay the same and revise his return of TDS.
29 June 2011
respected sir, as u said that employer can revise his return of TDS but the case is that employer is not ready for this also..so what is other option?? which form is used to deposit tax by employee now???
29 June 2011
Here we need to see this problem from two persons view. 1- Employer and 2- Employee....As per Section 192 TDS on Salary is the liability of the employer. However, Income Tax Act is not a criminal law. This act is for recovery of Tax. Moreover, as per Section 191 if an employee pays his/her tax himself/herself then employer can adjust this amount against employee's tax liability. Hence, employee can pay his tax by himself vide Form 280 as self assessment tax. Moreover, the employer in this case will not be assessee in default as mentioned under section 191 of Income Tax Act, 1961.
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