Tds related

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2015 How can i stop my employer from deducting TDS from my salary. I have joined this company recently and just came to know that my employer did not issue Form 16 to employees in last 2 years nor they deposit the deducted TDS to IT department.

Kindly suggest the way forward

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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08 December 2015 You can't stop your employer deducting TDS. For non deposit and non issue of form 16 inform to the jurisdictional ITO TDS he will issue notice for compliance.

Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2015 Thanks Seetharaman.

Can i pay the tax in advance and ask company not to deduct it from my salary?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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08 December 2015 No that is not possible.

Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2015 Thanks Seetharaman

strange but our rules only favour and encourage black money

there must be some way out i guess....

anyone else who knows some way out

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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28 July 2025 Yeah, unfortunately, when it comes to **TDS on salary**, the employer is legally obligated to deduct and deposit TDS as per the Income Tax Act. You, as an employee, **cannot stop your employer from deducting TDS** — it's their duty to comply.

But here are some things you can do:

1. **Inform your employer about your correct tax details and investments** — submit investment proofs or declarations so that they calculate TDS properly and don’t deduct excess.

2. If you want to **pay tax in advance yourself**, you still can, but the employer will continue deducting TDS on their end — however, at the time of filing your income tax return, you can adjust the advance tax paid against your total tax liability.

3. If your employer **is not depositing TDS or not issuing Form 16**, that’s a serious violation. You can:

* Write to the jurisdictional Assessing Officer (Income Tax Officer handling TDS).
* Lodge a complaint with the Income Tax Department or the Principal Commissioner of Income Tax (TDS).
* Inform your HR or higher management.

4. Ultimately, if employer doesn’t deposit TDS deducted, you’ll face problems claiming credit of TDS when filing your return — so be proactive.

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**Bottom line:** You can’t stop the deduction, but you can ensure it’s done correctly and legally. And if employer isn’t doing their part, report them.

If you want, I can help draft a complaint or guide on how to report this to the IT department. Would you like that?

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