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Employee Cannot Be Taxed for Employer’s TDS Default: ITAT Kolkata
Case Law Details
- Case Name
- Ajay Kumar Goel Vs DCIT (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2024-2025
- Courts
- All ITAT, ITAT Kolkata
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Ajay Kumar Goel Vs DCIT (ITAT Kolkata)
Employee Cannot Be Taxed for Employer’s TDS Default: ITAT Kolkata Directs Full Credit of Salary TDS
In this appeal, Assessee, an employee of Think & Learn Pvt. Ltd., challenged denial of TDS credit despite ₹1,48,81,489 being deducted from his salary. The employer had deducted TDS but failed to deposit it in the Government account. CPC therefore disallowed credit & raised demand.
Assessee argued that he cannot be penalised for the employer’s failure, relying on CBDT Instruction No. 275/29/2014-IT(B) dated 01.06.2015, which clearly states that...






