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TDS on Salaries - Income Tax Department

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then he must furnish to the employee c<strong>on</strong>cerned a certificate to the<br />

effect that tax has been paid to the Central Government and specify<br />

the amount so paid, the rate at which tax has been paid and other<br />

particulars in the amended Form 16.<br />

2.7.5 Issue of duplicate certificate<br />

Where the original <str<strong>on</strong>g>TDS</str<strong>on</strong>g> certificate is lost, the employee can<br />

approach the employer for issue of a duplicate <str<strong>on</strong>g>TDS</str<strong>on</strong>g> certificate.<br />

The employer may issue a duplicate certificate <strong>on</strong> a plain paper<br />

giving the necessary details as c<strong>on</strong>tained in Form No.16(Relevant<br />

Rule-31(4)). However, such a certificate has to be certified as<br />

duplicate by the deductor. Further the assessing officer before<br />

giving credit of the tax <strong>on</strong> basis of duplicate certificate is required<br />

to get payment certified from the assessing officer c<strong>on</strong>cerned and<br />

also obtain an indemnity b<strong>on</strong>d from the assessee employee.<br />

2.7.6 Credit of the tax where <str<strong>on</strong>g>TDS</str<strong>on</strong>g> is by book<br />

adjustments<br />

In case of deducti<strong>on</strong> of tax at source by any department of<br />

the Central Government, payment of the same to the credit of the<br />

<strong>Income</strong> <strong>Tax</strong> <strong>Department</strong> by means of book adjustments is permitted.<br />

In such a case, in the certificate of <str<strong>on</strong>g>TDS</str<strong>on</strong>g>(Form No.16) issued to the<br />

employee the DDO must specify that the credit of <str<strong>on</strong>g>TDS</str<strong>on</strong>g> has been<br />

afforded to the <strong>Income</strong> tax department by book adjustment and<br />

also the date of such book adjustment. Where the aforesaid details<br />

have been given in the <str<strong>on</strong>g>TDS</str<strong>on</strong>g> certificate, the assessing officer should<br />

accept them and give credit of the <str<strong>on</strong>g>TDS</str<strong>on</strong>g> in the pers<strong>on</strong>al assessment<br />

of the employee. In such cases, the <str<strong>on</strong>g>TDS</str<strong>on</strong>g> certificate should not be<br />

rejected by the assessing officer if they do not c<strong>on</strong>tain details like<br />

Challan No. or date of payment in Government account. However,<br />

the assessing officer is free to verify the genuineness of such<br />

certificate by corresp<strong>on</strong>ding with the DDO’s of Central Government<br />

department. The DDOs are bound to offer facility of examinati<strong>on</strong><br />

of their payment to Central Government (Circular No.749 dt.<br />

27-12-1996).<br />

In case of credit of tax by book adjustments, for tax deducti<strong>on</strong>s<br />

made after 1/4/2010, the provisi<strong>on</strong> as incorporated vide I.T.(6 th<br />

Amendment) Rules notificati<strong>on</strong> dt. 31/5/2010 will be applicable,<br />

these are ;<br />

• The office of the Government is to give credit to the Central<br />

Government <strong>on</strong> the same day where tax is paid without<br />

producti<strong>on</strong> of challan/by book adjustment(Rule 30(1)).<br />

• The Pay and Accounts offices/DDO/Treasury officer who<br />

is crediting the sum to Central Government is to submit a<br />

statement in form 24G(Rule 31(4)(a)).<br />

• The PAO/DDO/Treasury officer is also to intimate Book<br />

Identificati<strong>on</strong> Number to each of Deductors(Rule<br />

31(4)(b)).<br />

• Al<strong>on</strong>g with Form 16 details of <strong>Tax</strong> deducted and deposited<br />

by Book entry in respect of the employee has to be provided<br />

in Annexure A.<br />

2.7.7 Issue of <str<strong>on</strong>g>TDS</str<strong>on</strong>g> certificates by way of digital<br />

signatures<br />

As per circular No. 2/2007 dt. 21.5.2007, the deductors may<br />

at their opti<strong>on</strong>, in respect of the tax to be deducted at source from<br />

income chargeable under the head <strong>Salaries</strong>, use their digital<br />

signatures to authenticate the certificates of deducti<strong>on</strong> of tax at<br />

source in form No. 16. However, the deductors will have to ensure<br />

the following ;<br />

(a) that <str<strong>on</strong>g>TDS</str<strong>on</strong>g> certificates in Form No. 16 bearing digital signatures<br />

have a c<strong>on</strong>trol No. with log to be maintained by the<br />

employer(deductor).<br />

18<br />

19

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