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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 1325 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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