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TDS on salaries u/s 192 of Income tax Act

Aneesh kl (16 Points)

29 July 2021  
The X company has deducted tax from the salary paid to its employee. The company has defaulted in making the payment of TDS. Due to non payment or non filing of E-TDS returns, the same credit is now not available to the employee who will be filing the return. The employee during the time of filing his return claims the credit despite of that appearing in 26AS. Obviously the department will send the notice. So of the case goes to Assessing officer, on what grounds can we defend the employee. Is it right on part of employee to claim the TDS credit which is not appearing in 26AS?

Kindly share your views on the same.
Thank you

 5 Replies

Hari Beldona (ACA) (1517 Points)
Replied 29 July 2021

We are not bothered about filing of e- TDS return by the employer
It's not right on the part of the employee to claim TDS which is not appearing in 26 AS
Employee has to file return and pay self assessment tax afterwards can ask employer to reimburse, other wise brought to the notice of concerned TDS circle

kura shiva krishna (30 Points)
Replied 30 July 2021

Ask employer why he did so ? after looking to his response take an action further

CA Rashmi Gandhi (Chartered Accountant) (58998 Points)
Replied 30 July 2021

You have to told employer to revise there TDS return and show your credit in the return.

Nidhi (Chief Accountant) (2060 Points)
Replied 31 July 2021

You have to coordinate with you employer for the same ..

Aneesh kl (16 Points)
Replied 31 July 2021

Thank you sir and madam for the reply.
is there any notification that can save the assessee who has already claimed the credit of the TDS deducted from the salary despite of that appearing in the 26AS?
Is yes, kindly share the details.
Thank you

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