| The assessee purchased a residential flat from a NRI ("seller"). The AO noted that as per section 195, the assessee ought to have deducted tax on the sale consideration before making payment to the seller, however, assessee contended that he was liable to pay the tax on the basis of capital gains. Rejecting assessee's contentions, AO initiated proceedings under sec. 201(1), treating the assessee to be an assessee-in-default. The CIT (A) upheld the order of AO. On appeal, the Tribunal held in favour of revenue - It held that the section 195(1) required the assessee to deduct tax on entire sale consideration. If the assessee considered otherwise, section 195(2) required him to make an application to the AO to determine the appropriate proportion of consideration on which tax should be deducted, but the assessee failed to do so. Thus, the finding of AO that quantification of the TDS under sec. 195 ought to be made on the entire sale consideration was correct and it couldn't be made on the basis of capital gains. Therefore, it was held that AO had rightly raised demand under sec. 201 and issued notice of demand under sec. 156 - SYED ASLAM HASHMI v. ITO [2012] 26 taxmann.com 6 (Bangalore - Trib.) |
Thursday, 11 October 2012
Unless Sec. 195(2) clearance is obtained, tax has to be deducted from sales consideration and not just from capital gains
Subscribe to:
Post Comments (Atom)
Bombay High Court Clarifies Tax Exemption Eligibility for Venture Capital Funds
In a significant ruling, the Bombay High Court has reaffirmed that a Venture Capital Fund (VCF) registered with SEBI is entitled to claim ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Facts Centrica India Offshore Private Limited (CIO), an Indian Company, is a wholly owned subsidiary of Centrica Plc, UK Centrica Plc a...
-
The Tax Audit season has started and it’s the time when the Assessees rush to their Chartered Accountants (CA) to get their Tax Audit d...
-
SREI Infrastructure Finance Ltd vs. ITSC (Delhi High Court) The assessee entered into a scheme of arrangement u/s 391-394 of the Compani...
-
Facts The taxpayer, a partnership firm, derived income from the business of handling and transport of ship containers, customs clearing a...
-
M/s. Alpha Projects Society P. Ltd vs. DCIT (ITAT Ahmedabad) In AY 2005-06, the assessee made payments to contractors & for professi...
-
01. TDS u/s 194J is required to be done for Royalty also w.e.f 13-7-2006. 02. Royalty had been defined under explanation 2 of se...
-
F.No.354/66/2011-TRU Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs...
-
M/s. Merilyn Shipping & Transports vs. ACIT (ITAT Visakhapatnam Special Bench) The assessee incurred brokerage expenses of Rs.38....
No comments:
Post a Comment