TDS on salary from 2 employers

An individual shifted jobs mid-year. He has duly submitted details about total salary paid and tax deducted by previous employer in Form 12B to the new employer. However, the new employer failed to consider previous income for calculation of TDS on aggregate salary for the whole year. As a result there has been shortfall in taxes paid and now a huge sum as tax alongwith penal interest needs to be shelled out by the individual. Can the new employer be held responsible for short deduction of TDS and be asked to compensate for the penal interest?

Replies (6)
Quick Summary
This discussion explores the complexities of Tax Deducted at Source (TDS) when an individual holds jobs with two employers in the same financial year. It highlights a scenario where a new employer failed to account for previous income when calculating TDS, leading to a tax shortfall and potential penalties for the employee. While the employee is ultimately responsible for declaring all income and paying the correct tax, the discussion questions the employer's role and the effectiveness of submitting Form 12B if payroll departments don't process it correctly.

Which assessment year?

Whether assessee had filed the relevant ITR?

This with reference to current AY 2023-24 for which I’m filing employees ITR now. 

The assessee has to offer salary from both the employers under salary head, as the same would reflect in in AIS reporting. Tax liability would be same whether paid by TDS deduction or SAT, no penalty will be applied. Only interest would be levied for default in advance tax, which is very normal in practice.

No fault of employer as such, the responsibility lies over employee.

Yes sir. I did offer both the salary, paid balance tax with 234B & 234C interest and filed the ITR too. But after submission of Form 12B, generally people unaware of tax calculations rely on the company to take care of tax computations. They can’t identify by themselves if there is a short deduction because they trust the payroll department who’re knowledgeable in this regard and accept whatever TDS is paid by company. So Submission of form 12B alone serves no purpose. Henceforth will advise all my clients to double check & confirm with the new employer if they’ve indeed included income from previous employer also in tax calculation. Thank you. 

I understand the mistake of the payroll dept. of new employer, but that is rare case. It doesn't happen always.

At the same time the liability is over the assessee to check the TDS deducted every month.

Good luck.

Yes he has filed previous years tax.

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