TDS on last month salary

A senior employee has left company having 3 months notice period,by serving only 14 days notice period, has completed whole calender month i.e. last day was 31 Jan, without proper handover and he doesn't want company deduct his TDS on salary as it was his last month with the company. What Law says considering whole scenario, Please guide.

Replies (7)
Quick Summary
This discussion addresses whether an employer can deduct Tax Deducted at Source (TDS) from an employee's final month's salary, even if the employee has resigned. The consensus is that TDS is calculated on annual income, and therefore, it must be deducted from the last salary payment if the total annual income crosses the taxable threshold. There is no legal provision to exempt the last salary from TDS.

If his salary crossed the Taxable limit then deduct TDS on salary.

No matter he is working or leaving.

TDS is applicable on Salary and not on resignation agreements.

There is no such provision in law for non deduction of TDS on last month salary. If TDS is deductible on salary then if will be deducted on your last month salary also.
TDS ON LAST MONTH SALARY NOT POSSIBKE
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Tax liability is cslculated on snnual.salary. On the basis of that tds liability for the last month is ascertained
So if the TDS deducted on annual salary, the last month salary will also be included in annual salary and TDS will be deducted on that salary

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