Shri Pawan Kumar Ruia vs. DCIT, Circle-30, Kolkata

Parties Involved

Facts Summary

The assessee, Shri Pawan Kumar Ruia, filed an appeal against the order of the National Faceless Appeal Centre (CIT(A)) dated 11.09.2023, which dismissed his appeal regarding the non-credit of TDS of Rs.95,80,949/- out of a total TDS claim of Rs.2,18,82,526/-. The assessee had claimed credit of TDS in his return of income, but the Assessing Officer allowed credit only for Rs.1,23,01,577/- on the ground that the employer, Falcon Tyres Limited, had not deposited the balance amount in the government treasury as the company went into liquidation. The assessee argued that the Assessing Officer should compel the deductor to deposit the TDS in the government treasury, but this does not affect his right to claim the credit of the TDS deducted by the employer. The assessee relied on decisions of the Coordinate Bench of the Tribunal and other relevant case laws.…

Legal Issues

• 1. Whether the assessee is entitled to claim credit of TDS deducted by the employer even if the employer has not deposited the same in the government treasury?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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