Law:

Section:

Section 200 of the Income-tax Act, 1961 - Deduction of tax at source - Duty of person deducting tax - Assessee sold immovable property to respondent No. 5 which deducted tax at source out of sale consideration payable to assessee, but did not deposit same into Government treasury, due to which assessee's return of income for assessment year 2014-15 could not be uploaded - Said facts were brought to notice of revenue but no action was taken against respondent No. 5 - On writ, respondent No. 5 stated before Court that it had paid tax deducted at source into Government Treasury together with interest and assessee would then be able to upload its returns of income - Whether when return of income would be uploaded, no penal or financial consequence would be visited upon assessee on account of delay in uploading return of income for failure of respondent No. 5 to pay tax deducted into treasury - Held, yes [Para 5][In favour of assessee] FACTS â–  Petitioners/assessees had sold their property to respondent No. 5 which deducted TDS out of amount paid to petitioners as sale consideration but had failed to deposit it with revenue, due to which petitioners' return of income for assessment year 2014-15 could not be uploaded. â–  Petitioners brought aforesaid facts to notice of revenue, but no action was taken by the revenue against respondent No.5. â–  Therefore, the petitioners filed writ petition seeking a direction to the revenue to accept their return of income for assessment year 2014-15. HELD â–  Conduct of revenue has resulted in unnecessary harassment to petitioners. Respondent No. 5 on instructions stated that it had already paid tax deducted at source into Government treasury together with interest and, thus, petitioners would then be able to upload their returns of income for assessment year 2014-15. It is also stated that once return of income has been uploaded, the revenue could be in a position to make a statement that no penal or financial consequence would be visited upon the petitioners on account of delay in uploading the return of income for the failure of respondent No. 5 to pay the tax deducted into the treasury. [Para 5] â– …

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