Bijay_majumdar
Freelancer
Pawar.sandeep01
Hr Generalist
+2 Others

Thread Started by #pawar.sandeep01

Hi
This is Sandeep
i am working in as Junior HR recently joined the company, its chines Inc ,
My Query is :- Company is Deducting some amount of salary on the name of Tax/TDS as they are saying ,
as per my knowledge if the Salary Package is more then 250,000/- PA then only employee is eligible for TDS deduction ,
but in my current company they are deducting 10% Tax/TDS on who's salary is Below 2.5 PA , even company is not having PAN/TAN no, Incorporation certificate no ( they applied ) , Shop act License etc , why the company is making fool all the employee, & my HR manager is also involved in the same,
can somebody help me out to understand all these things , if it is wrong thing then what will be process to take legal action against my company.
Thanks & Regards
Sandeep...!
13th March 2018 From India, Mumbai
If tax is being deducted, it must be paid to Income tax department.
Any employee can check his form 26 AS in the income tax site and see how much tax is deducted and how much is shown in form 26 AS.
You can openly question the management if suitable answers are not coming forth about tax being deducted but not paid to government.
There is no future in such dishonest companies.
Take the matter forcefully with management and move on.
Where required keep IT department informed in writing about this fraud being done to employee as well as Government.
13th March 2018 From India, Pune
Thank you for your reply,
further If the salary is below 2.5 Lack PA , is it TAX is applicable ??
only Professional Tax is applicable as per my knowledge,
but these guys are deducting 10% TAX , what is that ?
13th March 2018 From India, Mumbai
Pawar,
TDS Rate on Salary:
Any employer has the authority to deduct tax at source while making the actual payment to the employee. The employers deduct tax from salaries only at the time of payment. TDS is deducted if the total income of the employee is taxable. TDS will not be deducted if your total income is Rs. 2, 50,000. This amount is applicable for men and women below the age of 60 years. Normally, TDS deduction rate on salary ranges from 10% to 30%.
Hope this makes things clear.
13th March 2018 From India, Pune
ok .. Thank u so much
Thanks & Regards'
Sandeep pawar
13th March 2018 From India, Mumbai
Dear sandeep, whether ur company show as employee on salary register? Whether they deduct ur EPF ? I think they treat u as a freelancer or out source agency b'coz they deduct 10 percent tax. It is true they u may ask to issue TDS certificate form 16 or 16 A in that they clearly mention type of services they take from u. In
14th March 2018 From India, Valsad
Why should there be confusion even of status of employee?
Even if 10% is deducted,it should reflect in form 26 AS of employee?
There have been cases where TDS is deducted but not paid to government.
Recent case took place in Banglore.
Employee needs to verify his form 26 AS and take it up with company first incase deducted amounts are not reflected in 26AS.
14th March 2018 From India, Pune
Dear Sandip,
It is really a matter of concern when the company has not obtained PAN & TAN but deducting TDS from the salary of the employee. You can on-line verify your Tax Credit Statement (Form 26AS).
As an employee you got right ask your empoyer to provide Form16 for all such deductions made in heads of TDS.
14th March 2018 From India, Mumbai
Employer is supposed to give you Form 16 towards any deductions under income tax as TDS etc.
Even if the deductions are Nil, The employer must issue Form 16.
Also as advised Check out with 26 AS, to know your deductions if any.
A company must have TAN number, for TDS deductions.
14th March 2018 From India, Vadodara
Querist needs to go through this link
https://cleartax.in/s/what-is-form-16
Dear Bijoy,
If no deduction is made form 16 may not be issued by employer.
14th March 2018 From India, Pune
@Nath Rao Sir,
Its is mentioned that Form 16 may not be issued, and it is correct as there is option available to file IT return in the absence of Form -16.
As I was In IAF,I used to get form -16 every year even if nil TDS.Thats why I stated.Also being a salaried person form 16 may be required for filing it return.
I have Gone through the Link and got the doubt clear anyways.
Thanks for correcting me sir.
14th March 2018 From India, Vadodara
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