Short deduction of tds on salary

Friends,

You must be aware about the defaults generated by TIN NSDL Site these days. I am facing the same problem. I've a query, kindly help me solve it.

A company has short deducted TDS for one of its employee & the same had been paid by the employee as self assessment tax. Now the IT dept. has sent me a demamd notice u/s. 156 of IT act, 1956.

Now my querries are :

     1. Is the company bound to pay the demand? 

     2. If yes, then is it not double tax collection by the tax authority?

     3. Is there any remedy for the same?

     4. If no then kindly quote some case laws.

I'll be thankful to the members for their views and help.

Replies (4)

Yes. Company need to pay the same tds amount as non penalty, not as second time tax. Its company responsibilty to deduct and pay the same. but failed to comply that procedure so it will be paid penalty for non complaince 

Thanks Boss.. May I give the tax credit for the same to the employee concerned?..

The credit for penalty paid which is for non-compliance of TDS provisions cannot be given to employee. Also the penalty amount will be disallowed.

Yes. It cannot  be given tax credit of employee also

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