<s>[INST] Under what circumstances a deductor would not be deemed as an assessee-in-default even after he fails to deduct TDS or after deducting the same fails to deposit it to the Government’s account? [/INST] ​​​​​​​​​​A deductor who fails to deduct the whole or any part of the tax on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee-in-default in respect of such tax if such resident—
(i) has furnished his return of income under section 139​;
(ii) has taken into account such sum for computing income in such return of income; and
(iii) has paid the tax due on the income declared by him in such return of income,
and the deductor furnishes a certificate to this effect in Form No.26A from a chartered accountant.
​However, w.e.f. 01-09-2019, sum paid to non-resident will be covered by above provisions.
In such a case, the payee can claim the refund of entire/excess amount of TDS (as the case may be) by filing the return of income. </s>