Real Time Case Study

Dear Sir / Madam,
 Pl analyse the following interesting real case study and revert back with your precious opinion as soon as possible.

A co absorb "C division" of B co on Oct,08. Uptill Oct,08 B co deduct and paid TDS on Salary for all the employees of C division and from Nov,08 to March,09 A co does Deduction and payment of tds on salary.
Now the issue is B co has short deducted and short paid the tds on salary for employees of C division and that shortfall now need to be paid by A co but there is a change in the tds provisions with effect from 1st April,2009 vis notificaiton no 858(E) dated 25th March,09.

Questions are:
1.What A co is legally bound to do?
2.Whether shortfall of tds on salary can be paid by A co in June,09 as they aquired whole C division of B co,If not, when and how can the payment is made?
3.If so, what is way to make such payment and which legal provision will rule that ?
4.Does there is any Interest which need to be paid by A co?
5.Your comments and suggestions to this case which is really happend with the co?

Replies (1)

Mr.Udit Agarwal

A company need not deduct the short deduction made by earliers employer of the employees.   No penal action will be taken against A company  for the apperant reason that it is not a defaulter in any way.

Employees in whose case short deduction was made by B Company will have to pay the tax u/s 140A.  Those employees need not pay any interest u/s 234B and 234C as held by various high courts for the reason it was the responsiblity of the employer to deduct tax at source from the salary.

Best Wishes

Sathikonda

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