Credit of TDS to be allowed for salaries even if the same is not deposited with the exchequer


Last updated: 25 February 2023

Court :
ITAT, Pune

Brief :
The ITAT, Pune in Mukesh PadamchandSogani v. ACIT, [ITA No.29/PUN/2022 dated January 30, 2023] has overturned the order passed by the Revenue Department for disallowing the Tax Deducted at Source ("TDS") to be provided to the assessee for the income under the head 'salaries'. Held that, the requirement is only for the amount of TDS, and not the amount eventually deposited with the government after the deduction and since the Employer had deducted TDS from the salary of the assessee, the TDS has to be allowed in intimation under Section 143(1) of the Income Tax Act, 1961 ("the IT Act") notwithstanding the fact that it was not deposited.

Citation :
ITA No.29/PUN/2022 dated January 30, 2023

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Bimal Jain
Published in Income Tax
Views : 389

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