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Issue ID: 110395
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Postponement of Deduction of Tax at Soure

Date 24 May 2016
Replies3 Replies
Views 1324 Views
Deduction of tax at source: employer must deduct and deposit TDS; employee requests do not waive liability.
An employer is primarily responsible to deduct and deposit TDS from employee remuneration; postponement or non-deduction equates to non-deduction and attracts interest and penalty. Employee submission of an income-tax declaration in a prescribed format may inform withholding but does not permit an employer to forgo deduction. Recovery and deposit of TDS are mandatory and an employee's written request does not relieve the employer of statutory compliance obligations. (AI Summary)

Postponement of Deduction of Tax at Source without written request from employee is equivalent to Non-Deduction of Tax at Source and attracts interest and penalty.

whether written request is enough for non deduction of TDS or deposit to such TDS amount is mandatory.

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Replied on May 24, 2016
1.

Sir, the responsibility of deduction of TDS of employees is the responsibility of Employer. However employee can submit Income Tax Declaration Form to his/her employer in the beginning of the Financial Year declaring his/her propsed investments which qualify for deduction from Gross Total Income.

Investment declaration should be done in a format prescribed. Thanks.

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Replied on May 25, 2016
2.

Ok

Thank for your valuable reply

Thanks & Regards

S.Sivanandu

Write me on :[email protected]

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Replied on May 25, 2016
3.

Deduction of tax at source is a must for the employer from his employees. There is no option for the request by the employee not to deduct tax at source to the employer. Recovery and deposit of TDS is mandatory in respect of employer.

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