The Delhi High Court today sought response of Air India Charters Ltd (AICL) and Income Tax (IT) department on the plea of an Air India Express pilot who has alleged the airline has not deposited with the authority the TDS deducted from his salary for the year 2009-10.
Air India Express is a low-cost airline subsidiary of Air India and is owned by AICL.
A bench of justices Badar Durrez Ahmed and Siddharth Mridul, while issuing notice to AICL and Commissioner of Income Tax (TDS), also protected the pilot from any coercive action by the authorities.
The court, however, said the IT department was "free to take action against" AICL and its officials concerned and listed the matter for further hearing by February 11.
Standing counsel for IT department Rohit Madan and advocate Ruchir Bhatia appeared for the Commissioner of Income Tax (TDS) in the matter and said the issue will have to be looked into by the IT department's Mumbai office.
The petition has been filed by Captain Anand Kumar, who has sought directions to AICL to deposit with the IT department the TDS deducted from his salary for the financial year 2OO9-10.
He also sought directions to the IT department "to initiate proceedings for recovery and prosecution under the IT Act" against AICL "for their failure to deposit the TDS collected from him".
Kumar, who is assigned to fly Boeing 737-800 aircraft on all routes of AICL, has claimed that while a Form 16 reflecting the actual deduction of tax and deposit made with the IT department was given to him, the entire TDS amount was not deposited by the airline.
As a result, a claim of Rs 2,73,560, including shortfall, interest and penalty, was fastened on him by the IT authority, the petition has said.
