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Supreme Court Of India
Uday Umesh Lalit,
S. Ravindra Bhat,
Sudhanshu Dhulia
, JJ
Income-Tax Act (43 of 1961) , S.10(5)— Income-Tax Rules (1962) , R.2B— Assessment – Non-deduction of TDS of employees – Obligation of deducting tax is distinct from payment of tax – Amount of money received by employee as Leave Travel Concession (LTC) is exempted under S.10(5) of Act, however, said exemption cannot be claimed by employee for travel outside India – Employees had visited foreign countries which was not permissible under law, amount received by employees towards their LTC claims, not liable for exemption – Assessee, employer cannot claim ignorance about travel plans of its employees as during settlement of LTC Bills complete facts were available before assessee about details of their employees’ travels – Held, assessee was in default for not deducting tax at source while releasing payments to its employees as LTC.
ITA No. 05 of 2020, D/- 13.01.2020 (Del), Affirmed(Paras1516)
(Para 15
16)
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