Section 205 ::

Court :
HC

Brief :
Held by hon"ble court that u/s 205 no demand can be raised against the assessee to the extent such tax has been deducted from rent income in accordance with section 194-I, hence assesse is not liable to pay tax deducted but not deposited by the tenant-lessee.

Citation :
Smt. Anusuya Alva Vs. D.C.I.T.

Section 205 Smt. Anusuya Alva Vs. D.C.I.T. 6/9/2005 (2005) 147 Taxman152(Kar.) Case Fact: Whether a demand can be raised on assesse for payment of tax on rental income where tax had been deducted on such income u/s 194-I but was not deposited with the revenue deptt. by the tenant-lessee. Decision: Held by hon"ble court that u/s 205 no demand can be raised against the assessee to the extent such tax has been deducted from rent income in accordance with section 194-I, hence assesse is not liable to pay tax deducted but not deposited by the tenant-lessee.

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Judgement posted by

CA.Saibaburao Nanduri

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

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