Where tax has been deducted at source from the assessee’s income, the assessee cannot be denied credit of such TDS nor can any demand be raised against him merely because the deductor failed to deposit the deducted tax with the Government. In view of section 205 of the Income-tax Act, recovery can be made only from the deductor. However, directions issued by the High Court to CBDT for modification of its software/system, being unrelated to the adjudication of the assessee’s rights and the merits of the case, are liable to be set aside. (AY .2020-21, 2021-22)
ITO v. Shobhan Shantilal Doshi (2026) 309 Taxman 172/488 ITR 679 (SC) Editorial: Gayatri Snehal Rao v. ITO [2024] 168 taxmann.com 466/ (2026) 488 ITR 670 (Guj) (HC)(para 5) modified
S. 205: Deduction of tax at source-Bar against direct demand on assessee-Non-deposit of TDS-No demand can be raised against the assessee under sections 199 and 205 where TDS has been deducted but not deposited by the deductor; directions for CBDT software modifications, being unrelated to the dispute, are unsustainable. [S.199, Art.136]
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