1.

Under What Circumstances A Deductor Would Not Be Deemed As An Assessee-in-default Even After He Fails To Deduct Tds Or After Deducting The Same Fails To Deposit It To The Government’s Account?

Answer»

A deductor who fails to DEDUCT the whole or any part of the tax on the sum paid to a RESIDENT or on the sum credited to the ACCOUNT of a resident SHALL not be deemed to be an assessee-in-default in respect of such tax if such resident:

  1. has furnished his return of income under section 139;
  2. has taken into account such sum for computing income in such return of income; and
  3. has paid the tax due on the income DECLARED by him in such return of income,

and the deductor furnishes a certificate to this effect in Form No.26A from a chartered accountant.

A deductor who fails to deduct the whole or any part of the tax on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee-in-default in respect of such tax if such resident:

and the deductor furnishes a certificate to this effect in Form No.26A from a chartered accountant.


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