Tds not deducted?

TDS 1183 views 8 replies

Nicki

SEO

24 Points Joined November 2012

HI CACLUB,

I need to know few things as under

One of my company after two months is trying to ask TDS from me.

On August 31, 2012 i left the company. I also got the Form16 from them.

But After 2 months that is today November 9, 2012 the same comany ask me to fillup TDS.

Now my question why should i pay TDS?

I asked the company, and they say that they had not decuted any TDS from Jan 2011 to April 2012.

So now they are asking TDS from me?

Is this right? Why should i pay TDS? They should have deduct TDS every month from my salary, Its there duty. They had not deducted at that time.

After i have left from the company how can they ask after 2 months TDS?

Also form16 i have got filled by the company in August 2012

Also got it processed and i have the papers with me which i got in October 2012.

What should i do? Should i have to pay TDS?

Replies (8)

Guest

Please explain your queries in details, I cnt understand it.

CA. JAIN

Chartered Accountant

466 Points Joined November 2011

Hello,

Its co. duty to deduct tds as per low, not of deductee.if co dont deduct tds, exps will disallow.

So for u...plz dont take tension for it....mean not to pay anything.

and one more advise if u want to continue the relation with old co. u can pay tds to them ...and u will get the credit of tds at the time of filing of ITR.

If company has proof that they have remitted TDS, you can reimburse the amount to company. You will get a credit for that....if they dont have proof, dont pay it to company. Instead you have to pay Advance tax/self assessment tax...

KARANDEEP,CA,B.Com,CS FNL

JOB

457 Points Joined March 2010

Originally posted by : CA. JAIN
	Hello, Its co. duty to deduct tds as per low, not of deductee.if co dont deduct tds, exps will disallow. So for u...plz dont take tension for it....mean not to pay anything. and one more advise if u want to continue the relation with old co. u can pay tds to them ...and u will get the credit of tds at the time of filing of ITR.

Agreed With Jain ji.......

CA Nitin Jain

Jaipur

72 Points Joined June 2010

it is the company duty to deduct tax at source otherwise the expenses would be disallowed.. you need not to take tension. and if you amount as TDS you can take credit while filing your income tax return

Guest

its better consult a practicing CA - take his opinion to avoid any legal issues if any arising in future....

thanks a lot for sharing

Guest

Not agrred with the above. The company has duty to deduct TDS. From the above it is very clear it has failed to do its duty. For the same it has to face necessary legal consequences.

It can in no way 'force' an employee who has left the organisation.

As the above employee has already and the same is also processed......it is clear that he has paid / or not paid i.e claimed exemptions .

Has he paid the necessary tax and then filed ....if again the company want him to pay to show as if it has deducted does it not amount to double payment...!!!.

He can convey to the company that he has discharged his liabilty to the dept. and can't force him to pay again. If still the company with its 'influence' forces the bove employee can convey the same in writing to the authorities conveying the same.

Hence no need to be 'sympathetic' to the company.