Visakhapatnam ITAT upholds
levy of interest u/s 201(1A) for AY 2013-14 and 2014-15 in case of assessee
failing to deduct tax at source u/s 194J, rejects assessee’s contention that
since the deductee had filed nil return of income and had no tax liability,
even after taking into account receipts from assessee, interest u/s 201(1A) was
not leviable; Notes that proviso to Sec. 201(1A) inserted w.e.f July 1, 2012
makes it very clear that even though the assessee is not deemed to be 'assessee
in default' under the first proviso to Sec. 201(1), the interest u/s 201(1A) shall
be payable from the date on which such tax is deductible to the date of
furnishing of return of income by such deductee; Holds that the tax liability
in the hands of the deductee has no connection with charging of interest u/s
201(1A), distinguishes assessee's reliance on co-ordinate bench rulings as they
pertained to AY prior to amendment to Sec. 201(1A); Relies
on Calcutta HC judgment in Kanoi Properties Pvt. Ltd to hold
that charging of interest from the date on which the tax was required to be deducted
till the date of furnishing of return of income by the deductee is automatic
and mandatory; Rejects assessee’s contention that interest u/s 201(1A) was
compensatory in nature relying on Madras HC decision in Chennai Properties
& Investments Ltd.:ITAT
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