Section 205 of the Income Tax Act

Income-tax Act, 2025: s.401

Section 205 of the Income-tax Act, 1961 corresponds to section 401 (Bar against direct demand on assessee) of the Income-tax Act, 2025.

Read section 401 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 205 is Yashpal Sahni v. ACIT (293 ITR 539), cited in 38 of the 119 judgments on BharatTax that turn on this section.

Leading authorities on Section 205

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.

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.

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.

LSG Sky Chef India Pvt. Ltd. v. DCIT
45 Taxmann.com 256 · 2014 · Reported
11
citing judgments

An assessee cannot be denied credit for Tax Deducted at Source (TDS) solely due to a mismatch in Form 26AS if the mismatch is not attributable to the assessee. The burden of proving why Form 26AS does not reflect all TDS details should not be placed on the assessee.

Sanjay Sudan v. Assistant Commissioner of Income Tax
452 ITR 107 · 2023 · High Court
9
citing judgments
CIT v. Century Plyboards (I) Ltd.
153 Taxmann.com 179 · 2019 · High Court
8
citing judgments
Sumit D Rajani v. ACIT
49 Taxmann.com 31 · 2014 · High Court
6
citing judgments
Pushkar Prabhat Chandra Jain v. UOI
103 Taxmann.com 106 · 2019 · High Court
5
citing judgments

Judgments on Section 205

Anirudh Bhuwalka, Kolkata vs. DCIT, CPC, Bangalore

In the result, both the appeals of the assessee stand dismissed

ITA 514/KOL/2021[2019-20]Status: DisposedITAT Kolkata09 Jun 2023AY 2019-20

Bench: Shri Sanjay Gargi.T.A Nos.513&514/Kol/2021 Assessment Years: 2018-19 & 2019-20 Anirudh Bhuwalka.......................................................................……Appellant A.C. Bbhuteria & Co., 2 India Exchange Place, 2Nd Floor, Kolkata-1 [Pan: Aegpb7445E] Vs. Dcit, Cpc…………….….….....................……........……...…..…..Respondent Appearances By: Shri S. Jhajharia, Ar, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 14, 2023 Date Of Pronouncing The Order : June 09, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 22.09.2021 & 06.10.2021 Respectively Of The National Faceless Appeal Centre (Hereinafter Referred To As The ‘Cit(A)’) Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since, Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Appeal In Ita No.514/Kol/2021 For Assessment Year 2019-20 Is Taken As Lead Case For The Purpose Of Narration Of Facts. 2. Ita 514/Kol/2021 – The Assessee Has Taken The Following Grounds Of Appeal:

Section 143(1)Section 192Section 205Section 250