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Supreme Court of India 2022-11-04 dismissed

STATE BANK OF INDIA vs ASSISTANT COMMISSIONER OF INCOME TAX

Bench: 3 — Uday Umesh Lalit, S. Ravindrabhat, Sudhanshu Dhulia

In Brief

State Bank of India challenged a Delhi High Court order upholding a finding that it was in default for failing to deduct tax at source from Leave Travel Concession (LTC) payments to employees. The employees had claimed LTC for travel that included foreign destinations (e.g., trips via Singapore, Malaysia, Dubai) even though their starting and ending points were within India. The Supreme Court held that LTC, exempted under Section 10(5) of the Income Tax Act, applies only to domestic travel from one Indian place to another by the shortest route. Travel involving any foreign leg disqualifies the payment from exemption and triggers the employer's statutory duty to deduct tax. The Court rejected claims of bonafide mistake, noting that complete travel details were available at payment. The appeal was dismissed.

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Income Tax Tax Deduction at Source Leave Travel Concession Statutory Duty Employee Benefits

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