KARTHIK LAKSHMAN,CHENNAI vs. IYO, INTL TAXATIONWARD-1(2), CHENNAI
What did the Tribunal hold?
The Tribunal held that the assessee cannot be denied TDS credit because the deductor's failure to remit the tax does not affect the assessee's right to claim credit. Section 205 of the Act bars direct demand from the assessee.
What were the facts?
The assessee's employer deducted TDS of Rs. 68,99,266/- from salary but did not deposit it to the government account. The assessee claimed credit for this TDS, but the Assessing Officer and CIT(A) denied it.
What were the issues?
Whether the assessee is entitled to TDS credit when the deductor has failed to remit the deducted tax to the government account.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(4)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Yashpal Sahni v. ACIT38 citing293 ITR 539 · 2007 · HC
- Kartik Vijaysinh Sonavano v. DCIT33 citing132 Taxmann.com 293 · 2021 · HC
- Asst. CIT v. Om Prakash Gattani18 citing242 ITR 638 · 2000 · HC
- Smt. Ansuya Alva v. DCIT11 citing278 ITR 206 · 2005 · HC
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: SHRI GEORGE GEORGE KAND MS. PADMAVATHY.S
PER PADMAVATHY.S, A.M: This appeal by the assessee is against the order of the Commissioner of Income Tax (Appeals), Chennai-16 (in short "CIT(A)") passed u/s. 250 of the Income Tax Act, 1961 (in short "the Act") dated 11.07.2025 for Assessment Year (AY) 2024-25. The only issue contended by the assessee in this appeal pertain to non grant of TDS credit to the assessee on the ground that the assessee's employer has not remitted the tax
The order continues below.
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More judgments on Section 205
- Hanoze Harish Thakkar, Mumbai vs Income Tax Officer Ward 19(1)(5), MumbaiITA 9314/MUM/2025[2014-15]Status: Disposed25 Sept 2026AY 2014-15
- Amitava Datta, Kolkata vs I.T.O., Ward - 62(1), KolkataITA 1674/KOL/2026[2022-2023]Status: Disposed14 Sept 2026AY 2022-2023
- M. Visvesvaraya Industrial Research and… vs Commissioner of Income-Tax (Appeals)…ITA 4343/MUM/2026[2020-21]Status: Disposed9 Sept 2026AY 2020-21
- Sheth Fincap Services Private Limited… vs The Income-Tax Officer, DCIT 1(3)(1), MumbaiITA 4304/MUM/2026[2025-26]Status: Disposed7 Sept 2026AY 2025-26
- Anita Grover, Delhi vs Income Tax Officer, DelhiITA 4305/DEL/2026[2019-20]Status: Disposed31 Aug 2026AY 2019-20
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