Answer

ITR

Tax deducted but never deposited by the deductor

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    You are protected. Sec 205 bars a direct demand on you to the extent tax was deducted, and CBDT has directed officers not to enforce such demands against the deductee.

  2. Provisions and law

    • Sec 205, Income-tax Act 1961You cannot be asked to pay tax yourself to the extent it was deducted from your income (2025 Act number to be confirmed).
    • Sec 199, Income-tax Act 1961Credit for tax deducted is given to the person whose PAN is reported, for the year in which the income is assessable (2025 Act number to be confirmed).
  3. Analysis

    Your credit in 26AS will be missing, so CPC may raise a demand. Respond as disagree with the reason that tax was deducted but not deposited, attach payslips and Form 16, and write to your officer citing Sec 205. The employer remains liable with interest and penalties.

  4. Conclusion

    1. Keep payslips and Form 16 showing deduction.
    2. File your return with correct income.
    3. If a demand comes, respond as disagree citing Sec 205.
    4. Write to your officer with proof.
    5. Report the employer through a grievance.

A Savvy can do this for you

Form 26AS TDS mismatch: get the deductor to correct its TDS return

₹1,499

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask