Employee’s Income Tax Liability Can’t Be Waived For Employer’s Failure To Remit TDS To Income Tax Dept: Kerala HC

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Employee’s Income Tax Liability Can’t Be Waived For Employer’s Failure To Remit TDS To Income Tax Dept: Kerala HC

Direct Tax

Published on

23/01/2026

By Mariya Paliwala

Employee’s Income Tax Liability Can’t Be Waived For Employer’s Failure To Remit TDS To Income Tax Dept: Kerala HC

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The Kerala High Court dismissed a batch of writ appeals filed by employees of Attinad Software Pvt. Ltd., ruling that income tax liability cannot be waived merely because the employer failed to remit Tax Deducted at Source (TDS) to the Income Tax Department. The Bench of Justice Dr. A.K. Jayasankaran Nambiar and Justice Jobin Sebastian…

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Mariya Paliwala https://www.jurishour.in/

Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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Income Tax Liability

Employee’s Income Tax Liability Can’t Be Waived For Employer’s Failure To Remit TDS To Income Tax Dept: Kerala HC

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