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Tds on salaries

This query is : Resolved 
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(Querist)
18 June 2014 I am an employee of a company. Till Feb-2014, they have not deducted any TDS from my salary, so I paid Advance Tax.
Now they want to deduct TDS from my salary,
Can I show the Advance Tax Receipt and adjust the amount against TDS to be deducted.
How should they claim this advance tax amount in their TDS return?

Thanks
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CA. Vipin Saini

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CA. Vipin Saini (Expert)
19 June 2014 Dear Mr. Sarfaraz,

Merely payment of advance tax by you can not make free your employer from liability of deducting TDS. It is liability of your employer to deduct TDS from your salary.

Further your employer can not adjust/claim your advance tax with TDS deductible.

Only you can claim your TDS and advance tax against your tax liability at the time of filing ITR.
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Rupesh Jain

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Rupesh Jain (Expert)
19 June 2014 employer is always responsible for TDS on salary paid to employee. if your employer deduct the TDs and you deposit the Advance tax then you can claim refund of excess deposit tax by filing income tax return.
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