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Income Tax

Mere recession not sufficient cause for non-payment of TDS

Case Law Details

Case Name
Income Tax Department Vs Parsvnath Developers Ltd. (Central Tis Hazari Courts, Delhi)
Date of Judgement/Order
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Income Tax Department Vs Parsvnath Developers Ltd. (Delhi House Court) The tax deducted as source cannot be equated with the payment of other liabilities like service tax or sales tax whose payment may be dependent upon the actual realization of money. TDS is deducted in advance by the assessed before making any payment for the scheduled items. The assessee acts as custodian of tax/TDS amount and needs to deposit the same within stipulated period as per Rule 30. Merely because the business suffered from recession and the working capital stifled, cannot be a termed as sufficient cause for non-Â...
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