This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Excess tax paid by the employer can not be taxed in the hand of the Assessee
Case Law Details
- Case Name
- Satoru Tanaka Vs. ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1999- 2000
- Courts
- ITAT Delhi
RELEVANT PARAGRAPH
7.1 On bare reading of above provision, it is clear that any sum paid to discharge “any obligation” of the assessee would be a perquisite under the above clause. However, the important words in the provisions are, “in respect of any obligation” and “would have been payable by the assessee”. It is quite obvious that employer had obligation only to pay correct tax on assessee’s income. The employer could not deposit, in account of the Central Government, more than what would have been “payable by the assessee”. Any amount p...
