Section 200 of the Income Tax Act

Income-tax Act, 2025: s.397

Section 200 of the Income-tax Act, 1961 corresponds to section 397 (Compliance and reporting) of the Income-tax Act, 2025.

Read section 397 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

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 92 judgments on BharatTax that turn on this section.

Leading authorities on Section 200

Sodex SVC India (P) Ltd. v. DCIT (TDS) 2(2)
92 Taxmann.com 260 · 2018 · ITAT
86
citing judgments

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.

Yashpal Sahni v. ACIT
293 ITR 539 · 2007 · High Court
38
citing judgments

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.

State Bank of India v. Assistant Commissioner of Income-tax
144 Taxmann.com 131 · 2022 · Supreme Court
35
citing judgments

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.

Troikaa Pharmaceuticals Ltd. v. UOI
68 Taxmann.com 299 · 2016 · High Court
34
citing judgments

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.

Kartik Vijaysinh Sonavano v. DCIT
132 Taxmann.com 293 · 2021 · High Court
33
citing judgments

The tax department cannot speculate to deny the benefit of tax deducted at source by the employer to the petitioner.

Yashpal Sahni v. Rekha Hajarnavis
165 Taxmann 144 · 2007 · High Court
27
citing judgments

If a deductor deducts TDS but does not deposit it into the government account, the assessee is not liable for that TDS.

Asst. CIT v. Om Prakash Gattani
242 ITR 638 · 2000 · High Court
18
citing judgments

An assessee cannot be denied the credit of tax deducted at source (TDS) if they produce Form 16A, and any demand notice issued under Section 221(1) for non-payment of tax, when TDS credit is due, cannot be sustained.

Lifestyle International (P.) Ltd. v. Assistant Commissioner of Income-tax
141 Taxmann.com 559 · 2022 · Reported
12
citing judgments

Orders passed under section 201(1)/201(1A) of the Income-tax Act are only applicable for financial year 2014-15 onwards and not for any prior financial year, as they are time-barred. Consequently, proceedings flowing from invalid orders are annulled.

Smt. Ansuya Alva v. DCIT
278 ITR 206 · 2005 · High Court
11
citing judgments

Section 205 of the Income Tax Act prevents the tax department from demanding tax from an assessee who has already suffered TDS when the liability has shifted to another entity, such as a liquidator.

Pushkar Prabhat Chandra Jain v. UOI
103 Taxmann.com 106 · 2019 · High Court
5
citing judgments

Judgments on Section 200

ACIT(TDS)-2(2), Mumbai vs. Sodexo Svc India Pvt. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed and the cross-objection of the assessee is hereby dismissed

ITA 1402/MUM/2019[2009-10]Status: DisposedITAT Mumbai06 Apr 2022AY 2009-10

Bench: Shri Amarjit Singh, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1402/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2009-10) बिधम/ Acit (Tds)-2(2) Sodexo Svc India Pvt. Ltd. Room No.717, K. G. Mittal Nesco Complex, Indabrator Vs. Building, W.E. Highway, Ayurvedic Hospital Bldg, Goregaon (E), Mumbai- Charni Road, West , 400051. Mumbai-400002. Co. No.108/Mum/2021 (Arising Out Of Ita. No.1402/Mum/2019) (निर्धारण वर्ा / Assessment Year: 2009-10) Sodexo Svc India Pvt. Ltd. बिधम/ Acit (Tds)-2(2) Nesco Complex, Indabrator Room No.717, K. G. Mittal Vs. Building, W.E. Highway, Ayurvedic Hospital Bldg, Goregaon (E), Mumbai- Charni Road, West , Mumbai- 400051. 400002. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aalcs9822Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Jasbir Chouhan Assessee By: Shri Gautam Thakkar & Shri Yazdi P. Jijina सुनवाई की तारीख / Date Of Hearing: 07/02/2022 घोषणा की तारीख /Date Of Pronouncement: 06/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 28.12.2018 Passed

For Appellant: Shri Gautam Thakkar & Shri YazdiFor Respondent: Shri Jasbir Chouhan
Section 133ASection 201(1)