Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

TDS credit be given to employee despite employer's CIRP moratorium under IBC s.9; AO directed to grant within 60 days

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ITAT allowed the appeal and directed the AO to grant TDS credit to the anonymized assessee within 60 days. The Tribunal concluded that TDS is an onerous statutory obligation of the payer and, notwithstanding the employer's entry into CIRP and resultant moratorium under IBC s.9, the employee who produces conclusive evidence of salary deduction cannot be denied credit because the employer failed to deposit TDS. The Tribunal observed that civil consequences such as penalty and prosecution against the responsible officer remain available against the payer, but revenue's inaction cannot prejudice the assessee's right to credit. The appeal was allowed and relief granted as directed.....