Bombay HC: Recovery Notice & Attachment Quashed – TDS amount claimed by assessee cannot be recovered from him on account of non-deposit by Deductor
In the return of income, the petitioner duly offered the income on account of sale an Immoveable Property under the head capital gains. The Petitioner also claimed credit of the tax deducted at source by the Purchaser u/s 194-IA of the Act. Thereafter, in the intimation, u/s 143(1) of the Act, no credit of TDS was given to the Petitioner as the purchaser had failed to deposit the same in Government Treasury. Consequently, demand u/s 156 of the Act was raised which subsequently let to the issuance of recovery notice. The bank account of the Petitioner was also attached. In [...]