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    <title>2026 (1) TMI 305 - ITAT PATNA</title>
    <link>https://www.taxtmi.com/caselaws?id=784549</link>
    <description>Where an assessee claimed TDS credit on salary based on a TDS certificate but the credit did not reflect in Form 26AS due to the employer&#039;s non-deposit, the Tribunal held that the assessee cannot be fastened with liability for the employer&#039;s default. Relying on HC authority, it held that once salary is received after deduction, the assessee has no control over remittance; the employer, as a tax-collecting agent under Chapter XVII, bears the statutory duty to deposit the deducted tax. Consequently, the AO was directed not to recover the resulting demand from the assessee, with liberty to proceed against the employer, and the appeal was allowed.</description>
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    <pubDate>Mon, 05 Jan 2026 00:00:00 +0530</pubDate>
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      <title>2026 (1) TMI 305 - ITAT PATNA</title>
      <link>https://www.taxtmi.com/caselaws?id=784549</link>
      <description>Where an assessee claimed TDS credit on salary based on a TDS certificate but the credit did not reflect in Form 26AS due to the employer&#039;s non-deposit, the Tribunal held that the assessee cannot be fastened with liability for the employer&#039;s default. Relying on HC authority, it held that once salary is received after deduction, the assessee has no control over remittance; the employer, as a tax-collecting agent under Chapter XVII, bears the statutory duty to deposit the deducted tax. Consequently, the AO was directed not to recover the resulting demand from the assessee, with liberty to proceed against the employer, and the appeal was allowed.</description>
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      <pubDate>Mon, 05 Jan 2026 00:00:00 +0530</pubDate>
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