Demand cannot be enforced on the deductee for non-deposit of TDS by deductor

Gurpreet Mohan Singh Bindra Vs JCIT (ITAT Chandigarh)

ITAT Chandigarh held that tax authorities cannot enforce any demand on the deductee if the amount of TDS deducted by the dedutor is not deposited with the Government.

Facts-

It was alleged that TDS was deducted by the employer from the salary paid to the employee. However, credit of the said TDS was denied to the employee-assessee on the ground that the employer has not deposited the same to the credit of the Government.

The assessee carried this issue in appeal before the First Appellate Authority who though held that recovery of this demand may not be affected from the assessee, however, in para 8, AO was directed to charge interest u/s 234A, 234B and 234C. Aggrieved by this, the assessee is in appeal.

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