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The ITAT upheld the AO's determination that the assessee was in default under sections 201(1) and 201(1A) of the Act for failure to deduct TDS under section 192B on reimbursement of leave travel concession (LTC) payments related to foreign travel. Following the Supreme Court's precedent, which clarified that exemption under section 10(5) is not applicable for LTC claims involving foreign travel, the tribunal affirmed that the employer's obligation to deduct tax is independent of the employee's tax liability. The assessee, having full knowledge of the employee's foreign travel details, could not claim ignorance. Consequently, the CIT(A)'s confirmation of the AO's order imposing default liability on the assessee was upheld, resulting in a decision adverse to the assessee.
The ITAT upheld the AO's determination that the assessee was in default under sections 201(1) and 201(1A) of the Act for failure to deduct TDS under section 192B on reimbursement of leave travel concession (LTC) payments related to foreign travel. Following the Supreme Court's precedent, which clarified that exemption under section 10(5) is not applicable for LTC claims involving foreign travel, the tribunal affirmed that the employer's obligation to deduct tax is independent of the employee's tax liability. The assessee, having full knowledge of the employee's foreign travel details, could not claim ignorance. Consequently, the CIT(A)'s confirmation of the AO's order imposing default liability on the assessee was upheld, resulting in a decision adverse to the assessee.
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