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    <title>2025 (11) TMI 1773 - KERALA HIGH COURT</title>
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    <description>HC held that the assessee-bank could not be treated as an assessee in default under s.201 for non-deduction of TDS u/s 192 on Leave Travel Concession reimbursements for AY 2016-17. Since an interim order of Madras HC had then held prima facie that such payments were not taxable in employees&#039; hands, the assessee had no enforceable obligation to deduct tax &quot;at the time of payment.&quot; Consequently, s.201(1) and s.201(1A) (interest) were inapplicable. HC also noted the first proviso to s.201(1) and distinguished later SC findings, which related to AY 2013-14. Appeal was allowed in favour of the assessee.</description>
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    <pubDate>Tue, 18 Nov 2025 00:00:00 +0530</pubDate>
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      <title>2025 (11) TMI 1773 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=782305</link>
      <description>HC held that the assessee-bank could not be treated as an assessee in default under s.201 for non-deduction of TDS u/s 192 on Leave Travel Concession reimbursements for AY 2016-17. Since an interim order of Madras HC had then held prima facie that such payments were not taxable in employees&#039; hands, the assessee had no enforceable obligation to deduct tax &quot;at the time of payment.&quot; Consequently, s.201(1) and s.201(1A) (interest) were inapplicable. HC also noted the first proviso to s.201(1) and distinguished later SC findings, which related to AY 2013-14. Appeal was allowed in favour of the assessee.</description>
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      <pubDate>Tue, 18 Nov 2025 00:00:00 +0530</pubDate>
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