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Issues involved:
The jurisdiction of the Income-tax Officer, Salaries Circle (TDS) under section 201 of the Income Tax Act, 1961 to demand further tax from the employer in case of tax short deducted from an employee. Summary: The High Court of Madhya Pradesh considered a reference under section 256(1) of the Income Tax Act, 1961 regarding the jurisdiction of the Income-tax Officer, Salaries Circle (TDS) to demand further tax from an employer in a case where a regular assessment of an employee had been completed and the tax fully paid by the employee. The Divisional Manager of a company had filed the annual return of salary income for the assessment year 1977-78, but the Income-tax Officer found that tax was not properly deducted for some employees. The Commissioner (Appeals) held that the employer had discharged its obligation under the law by making a bona fide estimate of the income chargeable under the head "Salary" and deducting tax accordingly. The Commissioner also ruled that the Income-tax Officer was not authorized to recover tax from the employer after the assessment of the employee had been completed and tax paid. The Tribunal upheld the Commissioner's decision, leading to the reference to the High Court. In a previous case, the High Court had held that the Income-tax Officer could not demand further tax from the employer when the regular assessment of the employees had been completed and tax fully paid by them. The Court reiterated that the principal liability for income tax payment lies with the person who receives income, and the Income-tax Officer cannot demand additional tax from the employer in such circumstances. Therefore, the High Court concluded that the Tribunal was correct in holding that the Income-tax Officer, Salaries Circle (TDS), had no jurisdiction under section 201 of the Act to demand further tax from the employer in cases of tax short deducted from employees. In light of the above, the High Court answered the question referred to them in the affirmative, ruling against the Department. Each party was directed to bear their own costs in this matter.
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