Declaration is not sufficient for Deducation

Circulars 1227 views 4 replies


Koti Enterprises (P) Ltd. vs. ITO (2000) 74 ITD 437 (Cal) (SMC)

 

 

It is the duty of the employer to ensure that the investments qualifying for rebate etc.
declared by the employees are actually made before the close of the financial year. Granting of rebates merely on the basis of declaration furnished by employees is not justified and short deduction of tax consequent thereto would attract penal provisions.

 

[See also Major General, Vinay Kumar Singh vs. Union of India (2000) Tax LR 234 (MP)].

 

Replies (4)

THANKS FOR SHARING SIR

Useful Caselaw...

useful case posted by u sir..merely on the basis of declaration furnished by employees is not justified and short deduction of tax consequent thereto would attract penal provisions.

 

I will note it sir..

Thanks for sharing. 


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