18 March 2012
Sir, Plz help me in the following situation- A deductor deduct the TDs on salary after allowing deduction of agriculture income. Now the ITO issues a notice disallowing the agriculture income. Plz help me what to do in this respect to avoid the demand issued by the AO?
02 August 2025
Got it — here’s what’s going on and how to handle it:
**Situation:**
* The deductor deducted TDS on salary **after excluding agricultural income** from the gross income. * But the Assessing Officer (ITO) disallowed the agricultural income exemption, meaning total income is higher than what was considered for TDS. * This causes a **shortfall in TDS deduction** because tax was calculated on a lower taxable income. * As a result, AO may issue a **demand for tax** on the difference.
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### What to do to avoid or minimize demand:
1. **Rectify the TDS:**
* Ideally, TDS should be calculated on **total income including agricultural income** (since AO disallowed exemption). * So, you can ask the deductor to **deduct the shortfall TDS** on salary immediately and deposit it.
2. **Issue Revised TDS Certificate:**
* Deductor can issue a **corrected TDS certificate** (Form 16) reflecting the correct tax deduction. * This helps the employee show correct TDS credit.
3. **Communication with AO:**
* Submit proof of the additional TDS deducted after disallowance to the AO. * This may reduce or waive penalty/demand on non-deduction initially.
4. **File Revised Return:**
* The employee should file a **revised income tax return** showing the corrected income and TDS. * This will help avoid tax demand during assessment.
5. **If demand is already issued:**
* Pay the tax demand along with interest if applicable. * You can file a **rectification request** or **appeal** citing that short TDS was due to genuine misunderstanding regarding agricultural income exemption.
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### Key Points:
* Agricultural income is **not taxable but is considered for rate purpose**. * If AO disallows exemption, TDS must be on full salary including agricultural income. * Deductor’s responsibility to deduct TDS correctly; employee can request revised TDS certificate. * Early action can save penalties and interest.
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If you want, I can help draft a letter for deductor or AO, or guide you on calculating short TDS. Just let me know!