Declaration is not sufficient for Deducation

CA Navin Jain (MANAGER (FINANCE & ACCOUNTS))   (11768 Points)

26 April 2011  


Koti Enterprises (P) Ltd. vs. ITO (2000) 74 ITD 437 (Cal) (SMC)

 

 

It is the duty of the employer to ensure that the investments qualifying for rebate etc.
declared by the employees are actually made before the close of the financial year. Granting of rebates merely on the basis of declaration furnished by employees is not justified and short deduction of tax consequent thereto would attract penal provisions.

 

[See also Major General, Vinay Kumar Singh vs. Union of India (2000) Tax LR 234 (MP)].