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“assessee in default”

TDS / TCSSection 201Section 2011,654 judgments

The decision most relied on for assessee in default is Rashmikant Kundalia v. Union of India (54 Taxmann.com 200), cited in 702 judgments on BharatTax.

Leading authorities on assessee in default

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT
293 ITR 226 · 2007 · Supreme Court
576
citing judgments

The deductor cannot be treated as an assessee-in-default under Section 201(1) if the deductee has already paid the tax or offered the impugned receipts in their return of income. However, interest under Section 201(1A) for delayed deposit of tax can still be levied up to the date of filing of the return of income by the deductee.

Earthmoving Equipment Service Corporation v. DCIT 22(2), Mumbai
84 Taxmann.com 51 · 2017 · ITAT
263
citing judgments

A penalty levied under Section 271(1)(c) for concealment of income or furnishing inaccurate particulars cannot be deleted merely due to technical defects in the penalty notice, such as not ticking the specific default, if the assessee understood the charges.

DIT v. GE Packaged Power Inc.
373 ITR 65 · 2015 · High Court
199
citing judgments

Interest under section 234B for default in payment of advance tax is not leviable when the entire income is subject to tax deduction at source under section 195, as no advance tax liability arises for the assessee in such circumstances.

247 ITR 305 (Guj) CIT v. Nestle India Ltd.
140 ITR 832 · 1983 · High Court
172
citing judgments

An employer is not in default under section 201 if they have made a bona fide estimate of employee income and deducted tax at source based on that estimate.

Jagaran Prakashan Ltd. v. DCIT
345 ITR 288 · 2012 · High Court
164
citing judgments

A deductor cannot be treated as an assessee in default for failure to deduct tax at source if the recipient has already paid the income tax directly. The onus is on the deductor to prove that the recipient has paid the tax.

CIT v. Kotak Securities Ltd.
340 ITR 333 · 2012 · High Court
161
citing judgments

A deductor's bonafide belief or reliance on a Tax Residency Certificate (TRC) can influence whether they are deemed an 'assessee in default' under Section 195 for failing to deduct tax at source on payments to non-residents. The decision clarifies the due diligence required when interpreting tax treaties and TRCs for TDS compliance.

CIT v. Idea Cellular Ltd.
325 ITR 148 · 2010 · High Court
155
citing judgments

Discounts offered to distributors under a tightly controlled relationship constitute commission and are subject to tax deduction at source under Section 194H of the Income-tax Act.

Judgments citing assessee in default

Pravin Prakash Magar, Maharashtra vs. Commissioner of Income Tax Appeals- Ward 4, Panvel, Maharashtra

In the result, appeal of the assessee is allowed for the statistical purposes

ITA 5118/MUM/2025[2024-2025]Status: DisposedITAT Mumbai03 Nov 2025AY 2024-2025

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee () Assessment Year: 2024-2025 Pravin Prakash Magar Cit(Appeals) Ward 4, Panvel B 106 Pratiksha Chs Plot No. 55, Panvel, Maharashtra 410206 Vs. Sec 15, Koper Khairne, Kopar Khairne S.O., Mumbai 400709 Pan No. Bpapm1266A Appellant Respondent : Shri.Pravin Magar (Assessee In Person) Assessee By Revenue By : Shri Virabhadra Mahajan, Sr. Dr (Virtually Appear) Date Of Hearing : 16/10/2025 Date Of : 03/11/2025 Pronouncement Order Per Om Prakash Kant, Am This Appeal By The Assessee Is Directed Against Order Dated 16.06.2025 Passed By The Ld. Commissioner Of Income-Tax Appeals/ National Faceless Appeal Centre (Nfac), Delhi [In Short ‘The Ld. Cit(A)’] For Ay 2024-25 In Relation To Order U/S. 201 Of The Income Tax Act, 1961 [In Short The ‘Act’] Passed By The Ao For Short Deduction Of Tax At Source On Payment Made For Purchase Of Property From Non-Resident Indian. The Relevant Grounds Raised By The Assessee Are Reproduced As Under:

For Respondent: Shri.Pravin Magar (
Section 195Section 197Section 200ASection 201Section 201(1)

thereby fulfilling the conditions of the first proviso to section 201(1); as such, the “appellant” could not be treated as an assessee-in default. 4. BECAUSE the “CIT(A)” has erred in upholding the levy of interest u/s 201(1A) without properly considering the “appellant’s” bonafide belief ... resident sellers had already discharged their capital gains tax liability in full, the assessee ought not to be treated as an assessee-in-default, placing reliance upon the judgment of the Hon’ble Supreme Court in Hindustan Coca Cola Beverage Pvt. 4 Pravin Prakash Magar