Am i assessee in default
This query is : Resolved
18 September 2010
I failed to deduct TDS but subsequently paid from my pocket with interest. Am still be held assessee in default under section 201 where deduction is also compulsory.
please help
please help
18 September 2010
You are an assessee in default by virtue of explanation to section 191 (b) introduced by the Finance Act,2008 with retrospective effect from 1/6/2003.
18 September 2010
Explanation.to section 191—For the removal of doubts, it is hereby declared that if any person including the principal officer of a company,—
(a) who is required to deduct any sum in accordance with the provisions of this Act; or
(b) referred to in sub-section (1A) of section 192, being an employer,
does not deduct, or after so deducting fails to pay, or does not pay, the whole or any part of the tax, as required by or under this Act, and where the assessee has also failed to pay such tax directly, then, such person shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default within the meaning of sub-section (1) of section 201, in respect of such tax.
Sir to the extent i can understand from above i think i could escape only in the following condition -
1. i have deducted the tax and paid the same- although i have paid the tax but not deducted
2. payee himself has directly deposited the tax --not possible in my case.
So i still feel that i may treated as assessee in default . Please correct if i am wrong
thanks
(a) who is required to deduct any sum in accordance with the provisions of this Act; or
(b) referred to in sub-section (1A) of section 192, being an employer,
does not deduct, or after so deducting fails to pay, or does not pay, the whole or any part of the tax, as required by or under this Act, and where the assessee has also failed to pay such tax directly, then, such person shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default within the meaning of sub-section (1) of section 201, in respect of such tax.
Sir to the extent i can understand from above i think i could escape only in the following condition -
1. i have deducted the tax and paid the same- although i have paid the tax but not deducted
2. payee himself has directly deposited the tax --not possible in my case.
So i still feel that i may treated as assessee in default . Please correct if i am wrong
thanks
18 September 2010
Yes Mishra Ji, your observation is correct. You are an assessee in default by virtue of the retrospective amendmend cited above.
19 September 2010
Nice Explanation.
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