Employer's liability to deduct and pay tax on behalf of employees:
 
The tax payable under this Act, by any person earning a salary or wage, shall be deducted by his employer form the salary or wage payable to such person, before such salary or wage is paid to him, and such employer shall, irrespective of whether such deduction has been made or not, when the salary or wage is paid to such persons, be liable to pay tax on behalf of all such persons: Provided that, where the employer is an officer of the State Government or the Central Government, the manner in which such employer shall discharge the said liability shall be such as may be prescribed:
Provided further that, whether any person earning a salary or wage-
  1. is also covered by one or more entries other than entry 1 in the First Schedule and the rate of tax under any such other entry is more than the rate of tax under entry 1 in that schedule; or
    Rule 10, Form III , Form IV
  2. is simultaneously engaged in employment of more than one employer; and such person furnishes to his employer or employers a certificate in the prescribed form declaring, inter-alia, that he shall get enrolled under sub-section (2) of section 6 and pay the tax himself; then the employer or employers of such person shall not deduct the tax from the salary or wage payable to such person and such employer or employers, as the case may be, shall not be liable to pay tax on behalf of such person.
5-A: Licensing Turf clubs liability to collect and pay tax on behalf of the licensed persons: - The tax payable under this Act by the licensed horse owners, trainers, book-makers and jockeys shall be collected by the turf clubs and such clubs shall irrespective of whether such collection has been made or not, be liable to pay tax on behalf of the above cases of persons licensed by it, and the tax so collected or due shall be received by the stewards of the club on behalf of the Government and remit the same in the Government treasury as may be prescribed.

Inserted by Act No. 17 of 2003 w.e.f. 01.09.2004 vide GOMS No. 666 Rev(CT IV), Dt: 27.08.2004.

5-B: The Chief Agents, Principal Agents, Special Agents and Insurance Agents, registered or Licensed under the Insurance Act, 1938 and who are liable to tax under this Act at the rate specified in entry 2 of Schedule-I to this Act, the tax payable by them under this Act shall be deducted by the insurer registered as per the provisions of Insurance Act, 1938 or under the provisions of Insurance Regulatory And Development Authority of India Act, 1999 or under the provision of any other law for time being in force, from the commission payable or due to be payable by the insurer to the Chief Agents, Principal Agents, Special Agents and Insurance Agents. The amount of tax deducted shall be remitted to the State Government on the next working day from the date of deduction in the manner as may be prescribed. Provided that if the insurer does not remit the tax deducted to the State Government in the manner prescribed above, the insurer shall pay in addition to the amount of such tax, interest at the rate of two rupees for every one hundred rupees or part thereof for every month or part thereof from the day/date specified for its payments.

Inserted by G.O.Ms.No. 169, Rev. (CT-II) Dept., dt. 18-09-2015, w.r.e.f 02-06-2014.