oppn parties Assessee Not Responsible For Ensuring TDS Is Paid To The Government: Delhi HC

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Assessee Not Responsible For Ensuring TDS Is Paid To The Government: Delhi HC

By Sunil Garodia
First publised on 2024-10-29 11:37:36

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Wrong Approach

The approach taken by tax authorities to recover Income Tax dues has become deeply troubling, especially when they ignore established laws and regulations by pursuing dues from the wrong parties. When tax is deducted at source from an employee's salary, the responsibility for paying that tax to the government rests solely with the employer. As per Section 205 of the Income Tax Act, once tax has been deducted from an individual's salary (or any other mandatory source), the taxpayer cannot be asked to pay the tax again unless there is a shortfall in the overall tax assessed on their total income.

Delhi HC To The Rescue

In a recent case, the Delhi High Court rightly ruled that a demand notice issued by the Income Tax department to a former pilot of the defunct Kingfisher Airlines had no legal foundation and should be rescinded. Since Kingfisher Airlines deducted the tax from the pilot's salary, it was the company's duty - not the pilot's - to remit it to the government. If the company failed to do so, the tax authorities should address the company directly to recover the dues, as the tax obligation on the pilot was already discharged at the time of deduction.

Bar Under Sec 205 Of I-T Act 

The Tax Deducted at Source (TDS) mechanism was established to ensure tax is collected from income at the point it becomes due. This system serves two primary purposes: to compel the reporting of income and to guarantee that tax is recovered at source. Under the law, it is the duty of the income provider to deduct TDS and deposit it with the government, using the payee's PAN. Once TDS has been deducted, the taxpayer has no further responsibility for remitting that tax to the government. Sec 205 of the I-T Act bars the I-T authorities from calling upon the assessee to pay the tax himself to the extent to which tax has been deducted from that income. In fact, if there is any refund that has to be claimed, the taxpayer becomes an aggrieved party because if the company does not remit the tax to the I-T department, they will not process the refund.

Stop Harassing The Taxpayers

By issuing notices demanding tax from individuals who have already had it deducted from their income, the Income Tax department is effectively asking them to pay twice on the same income - a violation of legal principles. The department should instead focus on holding accountable those companies that deduct TDS but fail to deposit it. Such misdirected recovery efforts constitute undue harassment of taxpayers and must come to an end.