Friday, June 12, 2015

AO not to raise direct demand against an assessee wherein TDS credit mismatch arises due to default of deductor: CBDT

The concept of TDS was introduced by the Government to collect taxes at very point of origin of income. Accordingly, the responsibility is casted on the payer (i.e., deductor) to deduct tax at specified rate while making remittance of specified income to the payee (i.e., deductee).

As per section 199, deductee is entitled to get credit of tax so deducted only if such amount is paid by the deductor to the Central Government. However, as per section 205, deductee shall not be called upon to pay the tax to the extent tax has been deducted from his income. Thus, the Act puts a bar on direct demand against the deductee where tax has already been deducted from his income by the deductor.

In this regard, grievances have been received by the CBDT from many taxpayers that Assessing Officers were denying credit of TDS in those cases where deductor failed to deposit the TDS to the Government.

Thus, the CBDT has instructed Assessing Officers not to raise coercive demand against assessee on account of TDS credit mismatch wherein such mismatch arises due to default of deductor to deposit TDS into the account of Government - INSTRUCTION NO. 275 DATED 01/06/2015