Section 200 of the Income Tax Act
The decision most relied on for Section 200 is Sodex SVC India (P) Ltd. v. DCIT (TDS) 2(2) (92 Taxmann.com 260), cited in 86 of the 51 judgments on BharatTax that turn on this section.
Leading authorities on Section 200
A statutory provision is not construed to have retrospective operation unless such a construction is explicitly stated in the Act or arises by necessary and distinct implication.
Once tax has been deducted at source (TDS), the bar of section 205 applies, preventing the deductee from being asked to pay the tax again, even if the deductor fails to deposit the tax or issue TDS certificates.
An assessee is required to deduct tax at source on reimbursements, even if the assessee acted under a bona fide belief that such reimbursements were exempt.
An order under section 201(1) of the Income Tax Act for Assessment Year 2009-10 can be passed when the TDS statement is required to be filed.
The tax department cannot speculate to deny the benefit of tax deducted at source by the employer to the petitioner.
Judgments on Section 200
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