Tds deduction from salary
ishita
(Querist) 03 January 2012
This query is : Resolved
Hi,
As per my knowledge for TDS deduction from Salary there is some Slab for this If an employee salary is less than that amount than emplyer cannot deduct the TDS.But in my company my Salary is 12K per month and as per my knowledge for female employee it not comes in the range of TDS deduction after that my company is deducting my TDS. I have joined here on Contact of two years, is that "contract" term affects on TDS? And I also want to know that deduction of TDS from my Salary is right as per law?
Waiting for your valuable reply.
Thanks & Regards,
Ishita
A V Vishal
(Expert) 03 January 2012
The employer is not supposed to deduct TDS for a person drawing salary which is less then the threshold limit which, in your case is Rs.1.90 Lacs, it seems your employer is over zealous and over smart but ill informed. As for the TDS already deducted and paid you need to file your return for the FY under review after 31.03.2012 and claim the refund.
ishita
(Querist) 03 January 2012
Thanks Vishal.
Can you suggest me what point i can tell them to not to deduct my TDS because i have already told them many times that my salary is not coming in the range of TDS but every time they told me they have discussed with their auditor and he said to do this. And what will happen with my TDS amount which already deducted from my salary if I will leave my job before March?
A V Vishal
(Expert) 03 January 2012
I don't know on what basis the auditor has suggested deduction of TDS. In any case what ever has been deducted must be given credit to you by filing the relevant TDS forms with the department and he must issue a Form 16 to you based on which you may claim the TDS.
Sankaranarayanan
(Expert) 03 January 2012
If the salary is not exceeding then u r not come under tds detecting slab. If he employer not here ur word then you ask the company auditor regarding. Moreover u said u do contract too, how a employe being xontractor
Raj Kumar Makkad
(Expert) 03 January 2012
Your employer as well as so-called auditor are wrong in their approach. You are not liable to any TDS liability as discussed above. You can refer to the provisions of Income Tax Act wherein the employer has been assigned with the duty to deduct tax at source if the salary of the employee is over the provided limit.
Anyway, you should now demand from your employer the TDS deposit challan pertaining to you so that you may file income tax return and may claim refund of the amount from Income tax department illegally deducted from you.
Shailesh Kumar Shah
(Expert) 04 January 2012
Your total gross receipt is not exceed rs.1.44 lacs in f/y. which is below Rs.1.90 lacs, so as per provisions of IT, your employer have no liability to deduct tax.
As you told that you have contract between you and your employer. then check that under which head remuneration is given i.e. salary or professional fee.
If other than "salary" is given then situation would be differ.
pkpworld..
(Expert) 04 January 2012
as per the provision section 192 of Income Tax Act the employer has to deduct tax from your salary if it exceeds 1.80 lakh (male).
* But you had written that you are working on contract basis. I think you are not being treated as employee rather you are being treated as contractee.
* So the deductor had correctly deducted the tax as per the provision of section 194J of Income tax Act,
Deepak Nair
(Expert) 04 January 2012
Agree with the experts. Act as advised by Mr.Rajkumar Makkad
ishita
(Querist) 04 January 2012
Thanks to all for your valuable advice. One more think i would like to discuss with you that in our company we are less than 10 employees are working here so that on PF act is also not applicable. So is that point affects on TDS?
And one more think I want to know Is TDS deposit challan recived monthly or at the end of FY and what will happen if I will leave my job before the end of FY?
prabhakar singh
(Expert) 04 January 2012
If your gross receipt as salary is below 1.9 lakh,there should not be any TDS.
Shailesh Kumar Shah
(Expert) 04 January 2012
you can check your tax credit from www.tin-nsdl.com.
M/s. Y-not legal services
(Expert) 05 January 2012
since i not experienced about this., i just learning from this query..
-tom-
soumitra basu
(Expert) 08 January 2012
You can take the phone number of the company auditor and ask him why he has advised the company to deduct tax. I think there is some communication gap between you, your company and the auditor. At the time of leaving service you shall be entitle to Form No. 16 for the entire amount deducted from your salary which in turn you can claim refund from the income tax department. So, do not worry. we are here to help you.
ishita
(Querist) 09 January 2012
Thanks to all for your suggestions and support.
