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november 2022

Supreme Court of India · 2022-11-04

STATE BANK OF INDIA vs ASSISTANT COMMISSIONER OF INCOME TAX

Citation / case number
SC 2020/13239
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
ASSISTANT COMMISSIONER OF INCOME TAX
Author
HON'BLE MR. JUSTICE SUDHANSHU DHULIA
Bench
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE DINESH MAHESHWARI

Judgment text excerpt

The Supreme Court upheld the decision of the Delhi High Court which affirmed the Income Tax Appellate Tribunal's ruling that the State Bank of India was in default for not deducting TDS on Leave Travel Concession payments to its employees. The court reasoned that the employees' travel included a foreign leg and did not comply with the statutory requirements for LTC, which mandates travel solely within India. Consequently, the payments made were deemed taxable, necessitating TDS deductions.

STATE BANK OF INDIA vs ASSISTANT COMMISSIONER OF INCOME TAX · Niyam