Robert Bosch Engineering and Business Solutions (P.) Ltd v. ITO (2022) 194 ITD 340 (Bang.)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Deducted at the time of payment-Deposited subsequent year-Assessee cannot be treated as assessee in default. [S. 201(1), 201(IA)]

Held that where TDS had been deducted by assessee at time of making payment in respect of provision made as on 31-3-2012 (year-end) and same had been deposited to Government account, assessee could not be treated to be an ‘assessee in default’ to extent TDS had been effectuated though in subsequent financial year. (AY. 2012-13, 2013-14)