Facts
The petitioner, a 69-year-old retired official, paid income tax amounting to ₹1,21,872 for the financial year 2010-11, as evidenced by Form 16 issued by the Assistant District Medical Officer (ADMO), Udhampur
Source reference: para. 1However, due to alleged negligence by the Treasury Officer and the ADMO, Form 26AS maintained by the Income Tax Department erroneously reflected two entries of ₹10,000 as ₹1,000 each, and omitted one entry entirely
Source reference: para. 1Despite a communication from the Income Tax Officer to Respondent No. 5 on 05.10.2023 and subsequent requests to a Chartered Accountant, the entries remained unrectified
Source reference: paras. 2-3Respondent No. 6 (District Treasury Officer) denied responsibility, asserting that the establishment of Respondent No. 5 is responsible for tax uploads
Source reference: para. 4Issues
Whether the respondents are under a legal obligation to rectify discrepancies between Form 16 and Form 26AS resulting from administrative negligence
Source reference: para. 6Whether the petitioner is entitled to the release of the TDS amount and applicable interest following the rectification of tax records
Source reference: para. 7Law Applied
The court emphasized the legal obligation of employers/deductors to furnish accurate particulars of Tax Deducted at Source (TDS) to the Income Tax Department
Source reference: para. 6This principle ensures that the credit for tax actually deducted, as reflected in the certificate issued under Form 16, is correctly mirrored in the official portal (Form 26AS) to prevent the assessee from suffering due to the deductor's clerical or administrative faults
Source reference: para. 6Reasoning
The court found that Form 16 clearly recorded the total deduction of ₹1,21,872, including specific treasury voucher and challan identification numbers
Source reference: para. 6It noted that the mismatch in Form 26AS indicated a failure by Respondent Nos. 1, 3, and 5 to correctly upload the tax data to the Income Tax Department portal
Source reference: para. 6The court reasoned that the petitioner cannot be penalized for errors attributable solely to the fault of government departments
Source reference: para. 6By failing to respond to the Income Tax Department's own communication for rectification, the respondents neglected their statutory and administrative duties, necessitating judicial intervention to correct the records
Source reference: paras. 6-7Holding
The High Court disposed of the writ petition by directing Respondent No. 5 to coordinate with Respondent No. 6 and the concerned Chartered Accountant to rectify the petitioner's tax entries within one month
It further ordered Respondent No. 2 (Income Tax Commissioner) to process the petitioner’s case post-rectification and release any due TDS refund along with applicable interest
Source reference: para. 7The court held that the primary responsibility for accurate tax reporting lies with the deductor
Source reference: para. 6Original Court PDF
RAJ KUMAR GUPTAvsUT OF J AND K TH. COMMISSIONER SECRETARY, HEALTH DEPARTMENT HEALTH DEPARTMENT JAMMU AND OTHERS
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