Under what circumstances a deductor would not be deemed as an assessee-in-default even after he fails to deduct TDS or after deducting the same fails to deposit it to the Government’s account?
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TDS deductor not deemed assessee-in-default when payee declares income, pays tax and furnishes CA certificate. A deductor will not be deemed an assessee-in-default if the payee has filed a return of income, taken the sum into account in that return, paid the tax due on the declared income, and the deductor furnishes a Chartered Accountant's certificate in Form No.26A; from 01-09-2019 this includes non-resident payments and the payee may claim refund of excess TDS by filing a return.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
TDS deductor not deemed assessee-in-default when payee declares income, pays tax and furnishes CA certificate.
A deductor will not be deemed an assessee-in-default if the payee has filed a return of income, taken the sum into account in that return, paid the tax due on the declared income, and the deductor furnishes a Chartered Accountant's certificate in Form No.26A; from 01-09-2019 this includes non-resident payments and the payee may claim refund of excess TDS by filing a return.
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