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Demand Notice U/s 234B & 234C

25 October 2019

whether demand notice issued to a person who's source of income is subject to deduct TDS u/s 192 & 194A is correct??
as the deductor is reasponsible to deposit tax on behalf of assessee and if he failed then deductor should be responsible for the penal interest not assessee....

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4 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (182264 Points)
Replied 27 October 2019

Logically, you are correct; but responsibility lies over deductee till the deductor fulfills his obligation.

Deductee can complain to ITO (TDS) for the TDS deducted

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Kapadia Pravin (17259 Points)
Replied 27 October 2019

TDS deduction does not mean you have fully paid on that income.
eg. TDS under 194A is 10% on interest income but if your total income exceeds 5 lakhs but below 10 lakhs then you fall in 20% slab also so bal 10% you have to pay (as TDS is only 10%)

Further TDS on 194A is without Education Cess
and that has to be paid by you.

So demand notice issued may be correct. Deductors are not liable for your tax liabilities.

Kiran Sharma (34 Points)
Replied 28 October 2019

@ Kapadia Pravin I am agree with your statement that if slab change from 10 to 20 then assessee will be responsible for additional tax liability and he have to pay the same but what if bank doesn't deduct TDS U/S 194A and due to which assessee get notice U/s 234B &234C after making payement for the tax liability which arise on the income cover U/s 194A??

Kapadia Pravin (17259 Points)
Replied 29 October 2019

@ Kiran
Default by bank will lead to bank facing consequences.

You won't get any relief.

You already know TDS is not deducted when you received interest from bank and still not paying Advance tax is your default.

234B and 234C interest is surely payable by you.