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No direct demand on assessees if TDS already deducted: CBDT
March, 12th 2016

The Income-Tax Department today asked field offices to refrain from raising tax demand against assessees whose TDS has already been deducted but not deposited to the exchequer.

Issuing an office memorandum, the Central Board of Direct Taxes (CBDT) said there is an embargo on direct demand against the assessees in cases where the tax demand is on account of tax-credit mismatch due to non-payment by the deductor.

"It has been re-emphasised that the assessing officers shall not enforce demands created on account of mismatch of credit due to non-payment of TDS amount to the credit of the government by the deductor," CBDT said.

The CBDT had in June last year issued directions to field offices that taxpayers whose tax has been deducted at source but not deposited to the government's account by the deductor, will not be asked to pay the demand to the extent tax has been deducted from his income.

"Instances have come to the notice of the Board that these directions are not being strictly followed in field offices," it said, adding the Office Memorandum has been issued reiterating the contents of the letter.

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