What should employer do when employee joins in mid of year and does not provide documentary proof for salary drawn with last employer.
Is it mendatory for current employer to take into account salary of previous employer even if employee is not providing details of salary with last employer. how to handle such cases. Where to show the TDS deducted by last employer in Form 16 of current employer as there is no such column.
Re: Form 16
by Shreyans Mehta on Dec 15, 2008 01:47 PM Permalink
In case where the present employer did not include salary paid by the previous employer u/s 192(2), because previous employer did not provide the details of disbursement, issue arose whether such present employer is liable for penal interest. It was held by HC that the liability of the present employer is limited only to the extent of details furnished by the employee with reference to his previous employment. In other words the present employer’s obligation of TDS will be restricted to the disbursements made by himself and also on the income earned in a previous employment if such details are furnished to him by the employee.
Reference section 192/income-tax act [2007] 165 taxman 467 (Delhi) High Court of Delhi Commissioner of Income-tax XVI* (DELHI).htm> v. Marubeni India (P.) Ltd. Madan B. Lokur and S. Muralidhar, JJ. IT Appeal Nos. 263 and 264 of 2007 August 21, 2007
Re: Re: Form 16
by Shreyans Mehta on Dec 15, 2008 01:58 PM Permalink
In case where the present employer did not include salary paid by the previous employer u/s 192(2), because previous employer did not provide the details of disbursement, issue arose whether such present employer is liable for penal interest. It was held by HC that the liability of the present employer is limited only to the extent of details furnished by the employee with reference to his previous employment. In other words the present employer’s obligation of TDS will be restricted to the disbursements made by himself and also on the income earned in a previous employment if such details are furnished to him by the employee.
Reference section 192/income-tax act [2007] 165 taxman 467 (Delhi) High Court of Delhi Commissioner of Income-tax XVI* (DELHI).htm> v. Marubeni India (P.) Ltd. Madan B. Lokur and S. Muralidhar, JJ. IT Appeal Nos. 263 and 264 of 2007 August 21, 2007
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