TDS on salary

 

A person is employed as a consultant for the first 6 months and the same has been considered as an employee after the completion of said period. TDS was deducted separately on consultancy income and salary income. My question is while calculating the salary income shall we consider the consultancy income under “Any other income reported by the employee” and accordingly deduct the difference of tax from his salary income.

 
For Example:
Consultancy Income - Rs.5,00,000/-
TDS @ 10.3% - Rs. 51,500/-
 
Salary Income : Rs.5,00,000
Permissible deductions – Rs. 1,00,000
Chargeable salary : Rs.4,00,000
Tax on the above : Rs.36,050
 
If both income are clubbed :
Gross Total Income : 10,00,000
Permissible deductions : 1,00,000
Total Income : Rs.9,00,00/-
Tax on the above : 1,80,250
Tax deducted : Rs.87,550
Diff : 92,700/-
 
Who will the responsible for difference tax?
Whether there is any obligation in the hands of the employer to deduct difference tax ?
Or
The assessee can pay the difference of tax as self assessment tax
 
Pls guide me in this regard.
Replies (2)

If the assessee-employee declares the consultancy income to the employer, then he is responsible for deducting tax on the same. If the assessee does not declare his consultancy income in prescribed form to the employer, there is no obligation on the employer to consider consultancy income while deducting tax. In such case, the assessee can pay the differential tax by way of SAT 

Sir, thanks for the reply. The assessee is getting the consultancy income as well as the salary from the same person. In that case is declaration is necessary?. In my view, if the employee is getting any income from third person then he has to declare the particulars of such income. pls refer any case law in this respect'

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