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ITAT Grants Full TDS Credit Despite Employer’s Failure to Deposit Tax
Case Law Details
- Case Name
- Sophia Rick Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2019-20
- Courts
- All ITAT, ITAT Mumbai
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Sophia Rick Vs ITO (ITAT Mumbai)
ITAT Grants Full TDS Credit Despite Employer’s Failure to Deposit Tax
The Mumbai ITAT held that an employee cannot be denied TDS credit merely because the employer deducted tax from salary but failed to deposit it with the Government. The assessee had claimed TDS credit of ₹3.91 lakh, whereas CPC allowed only ₹79,030, resulting in a tax demand. The Tribunal noted that the assessee had continuously pursued rectification before CPC and, therefore, the delay in filing the appeal deserved to be condoned.
On merits, the Tribunal observed that ...






