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TDS on payment of salary

666 views 2 replies

jagadeesh podugu

chartered accountant

25 Points Posted on 01 April 2010

Hi Everybody,

I need a clarification with regard to TDS and the situation is as follows:

One of our employees resinged in the month of March 2010 and as a compensation my company is decided to pay compensation to him around Rs. 3lac but in deferred monthly instalment like Rs.1 lac in April 2010 and next two month accordingly.

As an employer i need to deduct TDS on payment basis i.e.at the month of April/May/June 2010. But as an employee he would be taxable on accrual or payment which ever is earlier as per the salary provisions under Incomfe tax act.

Considering the above facts Will the employee needs to pay tax out of his pocket for the financial year 2009-10 on the compensation amount.

Please some body clarify on this and correct me wherever i am wrong in my thoughts

Replies (2)

Ratan Deep Saxena

Asstt Manager (Accounts & Finance)

2998 Points Posted on 01 April 2010

Dear Jagdeesh,

TDS would be deducted on due or payment basis, whichever is earlier. So it is the liability of the company to deduct the same. Employee can claim refund of the above tax in the present F.Y, which will be taxable in his hand in the Next F.Y. So don't pass ur liability on the employee.

regards,

ratan