Can TDS be recovered from the payee in view of settled judicial principle?

Last updated: 14 January 2022
Quick Summary
This judgement addresses whether an assessee can recover Tax Deducted at Source (TDS) from a payee if they failed to deduct it initially. The case involved a joint-venture that claimed interest expenses as a deduction but did not deduct TDS as required by law. The Assessing Officer disallowed the expense, a decision upheld by the CIT(Appeals). The tribunal considered the amended provisions of Section 40(a)(ia) of the Income Tax Act, which restricts disallowance to 30% of such expenses.

Court :
ITAT Ahmedabad

Brief :
The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax(Appeals), Ahmedabad-5, dated 30/03/2015 arising in the matter of assessment order passed under s. 143(3) of the Income Tax Act, 1961

Citation :
ITA No. 1499/AHD/2015

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