The petitioner was employed in Tulip Telecom Ltd. The employer deducted tax at source on salary however the said amount was not deposited with the Government. The Assessing officer issued demand notice on the assessee. On writ allowing the petition the Court held that for failure to deposit tax deducted at source on salary by the employer the assessee cannot be held to be assessee in default. Accordingly the demand notice against the assessee is set aside and the Revenue is directed to allow credit of tax deducted by the employer.(AY.2013-14)
Harshdip Singh Dhillon v. UOI (2024) 470 ITR 355 (Delhi) (HC)
S. 205 : Deduction at source-Bar against direct demand-Failure to deposit tax deducted at source-Salary-Demand notice is set aside.[S. 15, 192, 194, 199(1), 201(2), 202, 221, 276B, Art. 226]
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