liability for non deduction of tax at source on payment of s

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AS PER INCOME TAX ACT THE COMPANY IS RESPONSIBLE FOR DEDUCTION OF TAX AT SOURCE FROM THE SALARY BEING PAID TO ITS EMPLOYEE, IN CASE THERE HAPPENS TO BE OMMISSION IN DEDUCTION OF TAX BY THE EMPLOYER COMPANY AND THE EMPLOYEE FROM WHOM THE TAX WAS SUPPOSED TO BE DEDUCTED FROM SALARY RETIRES FROM THE SERVICE AND THE DEDUCTOR COMAPANY NOW DOES NOT HAVE ANY OPTION TO RECOVER THE SAME FROM ITS EMPLOYEE THEN AS PER INCOME TAX ACT WHAT RECOURSE IS AVAILABLE WITH THE DEDUCTOR CO. ? WHETHER THE TDS CERTI CAN BE ISSUED SHOWING LOWER DEDUCTION AND THE CO CAN GET RID OF ITS LIABILITY AS THE IT DEPTT SHALL HAVE THE ONLINE DATA TO RECOVER THE TAX?

 

PLS LET ME KNOW THE IMPLICATIONS ON URGENT BASIS.

Replies (1)

Dear Sir,

You cannot show a lower deduction in the certificate.

The payment of TDS will be shown as perquisites, details of which will be given in FORM 12BA.

However, such payment of TDS will not be allowed as a deduction to the employer company.

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