TDS Return without deduction.

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Q) Can an employer file TDS return or any sort of statement against salary paid to his employee without deducting TDS from salary (salary paid is below the taxable slab of employee). 

Q) Are there any particular section/s of income tax act which compels/direct employers to report non-taxable salary/pension ? Or such payment does not require any sort of reporting ?

(Example - XYZ pvt. ltd paid Rs. 2,40,000/- to his employee named Mr. A. No TDS has been deducted because it is below taxable amount i.e. 2,50,000/-. Is it mandatory for XYZ pvt. Ltd. to file any statement to Income Tax Deptt, that 2,40,000/- has been paid and no TDS has been deducted.)

Replies (1)

Hey Jain! Great questions about TDS returns when no TDS is deducted on salary below taxable limits. Here’s the clear answer:


1) Can an employer file TDS return or any statement against salary paid without deducting TDS?

  • No, an employer is NOT required to file a TDS return if no TDS is deducted.

  • TDS returns (like Form 24Q for salary) only report cases where TDS has been deducted.

  • If the salary is below the taxable threshold (currently Rs. 2,50,000 for individuals below 60 years), then no TDS deduction is required and no TDS return filing is needed for that employee.


2) Are there any sections compelling employers to report non-taxable salary/pension?

  • There is no provision in the Income Tax Act that mandates employers to report salary payments without TDS deduction.

  • Reporting requirements apply only when TDS is deducted.

  • Employers are expected to maintain proper records of salaries paid, but no submission of TDS statement is required if TDS is NIL.


Summary Table:

Scenario Employer Obligation
Salary paid below taxable threshold (e.g., Rs. 2,40,000) No TDS deduction, no TDS return filing needed
Salary paid above taxable threshold TDS deduction & filing of Form 24Q required

Additional notes:

  • However, employers usually issue Form 16 (TDS certificate) only when TDS is deducted.

  • Even if no TDS is deducted, salary details are reflected in Form 16 Part B issued by employer.

  • For salaried employees, actual tax liability is computed during ITR filing by the employee.


Bottom line:
If the salary is below taxable limit and no TDS is deducted, the employer is not required to file any TDS return or statement to the Income Tax Department about those payments.

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