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Question ID : 1117

Assessment of cases when law is finally decided by court.

Employees association of our company has challenged Validity of levyg House Accommodation perk High Court. & Subsequently court has granted stay to deducted Tax on House Accommodation perk.
My query is:
1) If subsequently plea of Employees Association treated as valid,unconstitutional then can come tax authority issue notice to Employer for short deduction of tax (TDS)
2) If Ans to 1 is Yes then can we recover this tax from our employee
3) if Ans to 1 is No then can reassessment of come of employess can be done? (Under which section?) & Time limit (from today to date of fal ) for such assement. i.e. assessment of cases when w is fally decided by court.
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Posted by rutuparna deshpande on Dec 22, 2005
Filed Under DIRECT TAXES

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