Tds on salary
This query is : Resolved
Manoj Kumar
(Querist)
18 November 2009
A company has not deducted TDS on salary because the staff members have not given their estimation of savings at the begining of the year.
Can this excuse be accepted? If not how this matter should be reported as an Internal Auditor? Please reply in details.
Can this excuse be accepted? If not how this matter should be reported as an Internal Auditor? Please reply in details.
CA SANJAY MUKHERJEE
(Expert)
18 November 2009
No, if employees not given the estimation then Company has to deduct TDS without considering deductions under Section 80C but in no way the employer has any reason to not deduct TDS. Rather it may results in excess TDS and employees may face a situation of claiming refund in their personal I.Tax return.
Internal auditor should comment on this that the company is not deducting TDS on salary and no need to even mention the vague reason. It’s advisable to mention the penalties to be imposed for violation of statutory responsibility of Tax Deduction.
Internal auditor should comment on this that the company is not deducting TDS on salary and no need to even mention the vague reason. It’s advisable to mention the penalties to be imposed for violation of statutory responsibility of Tax Deduction.
shakuntala chhangani
(Expert)
19 November 2009
Hi, manoj. I agree with sanjayji's view with the addition that the employer here will be considered as assessee in default. Thanks and regards, CA Shakuntala Chhangani
Manoj Kumar
(Querist)
19 November 2009
Thanks for reply.
shakuntala chhangani
(Expert)
22 November 2009
Best of luck
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