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TDS certificate and tax deducted by previous employer

Sujit Talukder (service) (719 Points)

12 May 2008

Fact is:

Total Income from salary : Rs. 701304

From Previous employer : Rs. 687262

From Current Employer : Rs. 14042

Tax deducted by previous employer : Rs 125293

Tax deducted by Current employer : Rs. 29,000

In TDS certificate at Sl No 18 (a) Tax deductedat source u/s 192(10 we are writing Rs 154293

But the details of Tax deducted and credited to Central govt. statement will show only details for Rs 29000 ie tax deducted and deposited by current employer.

Now the problem is:

1. It seems that Rs 154293 has been deducted whereas only Rs 29000 has been

deposited.

2. If the current employer shows only Rs 29000 at sl No. 18(a), it seems that current employer has deducted less tax

Also the format does not provide any space to show Tax deducted by previous employer.

How to proceed in this case?

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14 Replies

Ravi Garg (Professional) (20 Points)
Replied 03 November 2008

https://onlineservices.tin.nsdl.com/TIN/PanRegistration.do

you can register your Pan No at ths NSDL link and check wherther your employer had deposite TDS in the department or not .If he not deposit then you can claim that amount from him and can also ask for TDS certificate.

Sujit Talukder (service) (719 Points)
Replied 03 November 2008

Thanks Ravi for the reply.

I think you have not read the problem fully and thus given a reply which is not at all related to the problem.

Indrajit Mondal (Service) (142 Points)
Replied 03 November 2008

Dear Sujit,

1st you asked to your previous empoyer for Form 16 which shows that they have been deducted TDS of Rs. 1,25,293/- along with form 12BA (where you can see the tax has been deposited to CBDT or not) and submit them to your current employer.

2nd when u file your ITR 1 you find that there is a field which called TDS details and you find that there is a option for entering more than one employer TDS details on that area you can put the details of your total Salary and TDS agisnt the employers TAN which mentioned in the Form 16.

INDRA

Sujit Talukder (service) (719 Points)
Replied 03 November 2008

Thanks Indra for the reply.

This problem is from the point of view of Current Employer while issuing Form 16 to the employee joined in the current employer organization after serving previous employer and not from the angle of the employee and that the current employer has to consider the salary income and TDS made by previous employer.

How the current employer will issue form 16 to over come the given situation.

Indrajit Mondal (Service) (142 Points)
Replied 03 November 2008

Dear Sujit,

On the basis of your previous employer Form16 they will issue you the Form 16.

INDRA

Sujit Talukder (service) (719 Points)
Replied 03 November 2008

Hi Indra,

I am the current employer and I have to issue form 16 to Mr Newjoiner with the above details in the form 16.

Now when I am issuing to Mr Newjoiner form 16, I have observed that In the Tax Deducted space the amount written is Rs 1,54,293/- but we have deducted Rs 29,000 only. Also, the challan details shows Rs 29,000 ,as deducted by us. The Balance tax is deducted by Previous employer.

This prima facie shows that we have deducted 154293 but deposited only 29000 which is not the case This is correct but prima facie shows wrong.

The Tax deducted by previous employer is on the basis of Form 16 submitted by the employee to us.

I have attached the sample file and the figure shown in red causes the problem.

(The data in the given problem here at forum and at the sample file differs but the basic requirement is same.)

Attached File : 48 sample file.xls downloaded: 253 times

Indrajit Mondal (Service) (142 Points)
Replied 03 November 2008

Sujit,

I have go through your file but in the Form 16 you shown the taxable amount is Rs. 1,20,396/- but you deducted the TDS of Rs. 1,24,040/- but in the details field you shown the TDS total of Rs. 1,10,000/- how it will possible if you deducted TDS 1,24,040/- then it should be matched with the TDS deposite filed.

INDRA

Indrajit Mondal (Service) (142 Points)
Replied 03 November 2008

Sujit,

You also tasked to Mr.Newemployee for submitting the Form 12B also.

INDRA

Sujit Talukder (service) (719 Points)
Replied 04 November 2008

Hi Indra,

w.r.t. to your last two replies:

1. Rs 1,20,396 is not the Taxable amount but the tax payable.

2. Tax deducted is more than tax payable and thus Refund is there.

3. Out of Tax deducted for Rs.1,24,040 - Rs 1,10,000 is deducted by current employer and balance was deducted by Previous employer for which form 16 / form 12B is duly taken.

Since current employer has to consider the Income from Previous employer as well as Tax deducted by previous employer, If we show Rs 1,10,000 as tax deducted then instead of Refundable, Tax Payable will arrive which is not correct as the employee dont have to pay any tax.(And the figure will match with the challan details.)

But if we show Tax deducted is Rs 1,24,040 then it will not match with Challan details. (And No tax payble will be shown. Instead REfundable or Nil will come)

My query is :

How this type of situation is handled by current employers?

Indrajit Mondal (Service) (142 Points)
Replied 04 November 2008

Dujit

Current employers can do one thing they only deducted TDS (if applicable) on basis of joining date of the new employee in the current company. Then the TDS amount and challan amount match automatically.

INDRA

Sujit Talukder (service) (719 Points)
Replied 04 November 2008

This I know very well but this cannot be done as this is our practice to recognise the income from previous employer and also against the law.

And thus this is not the solution.

Shudhanshu Agrawal (Business) (2570 Points)
Replied 06 November 2008

Hi Sujit,

I have gone through ur problem and i want to tell u that TDS on Salary under Section 192 is deducted on payable basis which means assumption. In ur case an employee have joined ur company in between the F.Y. and worked earlier with other employer. Previous employer has issued Form 16 to him and if he has deducted less TDS then u can deduct according to his tax liability as TDS is always finalize in the month of March. Now if u are concerned abt TDS deposited by last employer then this is not the work of company that willbe checked by the employees CA.

If there is any problem or if i have taken any concept wrong please inform me coz i have prepared more than 350 Form 16 this year.

Sujit Talukder (service) (719 Points)
Replied 06 November 2008

Thanks Sudhanshu for the reply.

w.r.t your quote:

"Now if u are concerned abt TDS deposited by last employer then this is not the work of company that willbe checked by the employees CA."

I want to clarify my query.

Actually, my query is related to disclosure of the Tax deducted by previous employer in the Form 16 to be issued by current employer.

Shudhanshu Agrawal (Business) (2570 Points)
Replied 06 November 2008

Sujit my contact no is 9810873846 .....i think its difficult to solve the problem like that u can call me and then i can give u the solution ....if u dont mind