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Salary TDS payment notice to employee ( Kingfisher airlines)

Hanish Chawla (Article) (24 Points)

27 October 2021  

Case - Back in 2008-2012 when kingfisher airlines was functional they had deducted TDS of Employees and not remitted to govt

now that TDS amount has been claimed by assessee  as the same was deducted from his salary but as income tax department has not received tds amount they have raised demand on E filing portal for the said amount ( amount is more than 50lacs)

The ex-employee has all the salary slips and relevant documents which prove that his TDS was deducted.

conclusion is we want to remove that demand from our efiling portal as it is not legitimate.

Thus i seek your advise on process or way out fot this problem

Thanks in advance 

 3 Replies

Janak Shah (ca) (554 Points)
Replied 27 October 2021

As per sec 205 of Income Tax Act, Where tax is deductible at source under any of the aforesaid sections, the assessee shall not be
called upon to pay the tax himself to the extent to which tax has been deducted from that income.

Thus the employee is not liable to pay tax that was deducted.

You can approach AO with a letter explaining to him extract from sec 205 with salary slip and other documentary evidence to show that TDS was deducted but not deposited.

Hanish Chawla (Article) (24 Points)
Replied 27 October 2021

AO is not entertaining the complaint..

I have even raised grievance on e filing portal - no response


Janak Shah (ca) (554 Points)
Replied 28 October 2021

I would advise you to send the letter to AO, take the acknowledgement of the letter and then upload it in response to outstanding demand.

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