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M.Anbu chezhian (advocate)     12 November 2023

Tax deducted at sources under incometax act


1.TDS is deducted by the employer is mandatory one. or not ?

2. The deductor (employer)  remit the amount to the income tax dept  but  they  did not efilng  assesses 's details   therefore the individuals are sufferhow to file the case, where and why?



 6 Replies

Shashi Dhara   12 November 2023

Contact tax consulant for return of tax deducted at source if it doesnt exceeds the income tax slab limit. He will advice you.

kavksatyanarayana (subregistrar/supdt.(retired))     12 November 2023

Consult in IT office or a CA in your area.

T. Kalaiselvan, Advocate (Advocate)     13 November 2023

If the employer has deducted income  tax from your salary, then it becomes his duty to deposit the same to the government immediately within one month, if he fails to do so then he will be considered to have done a crime.

On the basis of the details available about this in your salary slip you can file your income tax returns.

If the income tax department is making any enquiry about non payment of the tax deducted at source then the employer can be held liable for this.

M.Anbu chezhian (advocate)     15 November 2023

sir,thankyou for your valuable guidence. my doubt is the employer deduct the Tax on salary and paid the amount to the incometax department.but the employer ignored the efiling the the deducted amount not shown in employee 26AS.  can i go to consumer fourm  or any other remedy available.

sorry for the inconvenience.

P. Venu (Advocate)     18 November 2023

Has the employer issued Form 16?

T. Kalaiselvan, Advocate (Advocate)     20 November 2023

If you hve the evidence of the tax deducted from your salary, you can file the ITR without the employer providing the TDS certificate also, however you can demand the TDS certificate by giving an applicaiton in writing and enclose a copy of the same along with your ITR to make it clear that there is nothing wrong on your side due to this lapse.

The employee can claim the TDS credit manually while filing ITR. It can be done even if not reflected in 26AS, TIS or AIS forms. A notice may be sent to the employee by CPC for a mismatch in TDS credit.

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