TDS from salary on presumptive basis

Pradeep Garg (Querist) 23 April 2009 This query is : Resolved
Sir,
My current employer has deducted income tax from my salary for AY 2009-10 on the assumption of pro rata income from previous employer and pro rata TDS there on deducted by previous employer. Form 16 of previous employer is awaited and Form 12B submitted by to current employer has not been considered no sufficient reason given. Kindly advise if employer has exceeded his authority and what can be the consequenses if actual income (less than form 16)is shown in return and refund is claimed

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A V Vishal (Expert) 23 April 2009
No consequences follows, the employer has deducted on presumptive basis in good faith. I advise you to file your return of Income for the year under review after obtaining the Form 16 from the previous employer and claim the refund. I don't think its a problem.