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Scope of paying Income Tax in advance on reccuring basis to avoid TDS, Income Tax

Issue Id: - 106686
Dated: 5-4-2014
By:- Dharma Nand Jha

Scope of paying Income Tax in advance on reccuring basis to avoid TDS


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I do not want to let my employer deduct tax on my salary. Is it possible, to request to employer not to deduct tax on the ground of paying the tax online and presenting the receipt to drawing disbursing officer every month before credit of salary ?

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Page: 1


1 Dated: 9-4-2014
By:- SANJAY DAVE

No.  U/s 192 of the Income Tax Act, 1961 it is obligatory on the part of emploYER to deduct tax at source from salary paid to emploYEE. 

In the method suggested by you, for whatever reason, how will the emploYER ascertain that advance tax paid by you is against your salary income only? 


2 Dated: 9-4-2014
By:- Dharma Nand Jha

Thanks, Sanjay ji, but this thought came in my brain due to unevenness of filing of TDS return by DDO.Now, most of the DDOs of government offices are not filling return due to complexity in the process. And if I declare it properly that the tax deposited is against my salary, they may agree to no deduction of IT. I think the obligation of tax deduction is limited up to the level of confirmation of deposition of tax and that also, in advance. Now the statutory point is at the treasury's end. Are the treasuries also obliged to check if the Tax is deducted at source or not?


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