Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (3) TMI 95 - KERALA HIGH COURTHigher deduction of Tax (TDS) by the employer u/s 192 from salary - Eligibility to claim deduction u/s 80C (2) (xviii) - house that was constructed using the loan was in the joint names of the petitioner and his wife - assessee sought a direction to the respondents to assess the petitioner for income tax only after deducting the monthly instalments recovered from the salary of the petitioner towards housing loan repayment. - Held that:- Whatever may be the treatment given to the claim for deduction in the assessment of the petitioner under the Income Tax Act, in the writ petition, the grievance is with regard to the deductions effected by the employer in terms of the Income Tax Act, while effecting payments to the petitioner by way of salary. The said deductions, by way of tax deducted at source, are made by the employer pursuant to his obligation under the Income Tax Act and, whatever tax is deducted at source is credited to the account of the Income Tax Department and the said payments would be given credit to while completing the individual assessment of the petitioner. In that view of the matter therefore, if any amount has been deducted in excess from the payments effected to the petitioner, the petitioner is not seriously aggrieved because he would get credit of the same in his assessment under the Income Tax Act. Thus, while see no reason to grant any relief as sought for by the petitioner in the present writ petition and therefore, dismiss the same, make it clear that, if any deductions have been effected by the employer by way of tax deducted at source under the Income Tax Act, and the amounts credited to the Income Tax Department, then the Department shall take this fact into account while completing the assessment of the petitioner under the Income Tax Act. In the said assessment of the petitioner, if it is found that excess amounts have been deducted from the payments made to the petitioner, which are in excess of his tax liability under the Income Tax Act, then the excess amount of tax collected from the petitioner, shall be refunded to him. - Decided against assessee
|