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Income Tax - Highlights / Catch Notes

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Employer deducted tax at source from petitioners' salaries but ...


Employers' failure to deposit TDS: Deductees not liable.

Case Laws     Income Tax

November 5, 2024

Employer deducted tax at source from petitioners' salaries but failed to deposit it with the government. Court held that u/s 205 of the Income Tax Act and CBDT instructions, no demand can be raised against deductees for deductor's failure to deposit TDS. Impugned intimation u/s 143(1) raising demand against petitioners quashed. Authorities directed to ensure strict compliance with Section 205 and CBDT instructions, and rectify software to prevent such demands against deductees. Technology cannot cause inconvenience contrary to law and binding instructions, resulting in human helplessness and technological slavery. Case highlights technology's failure to consider statutory provisions and binding instructions.

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