Income Tax

TDS Default-Assessee liable us 2011A for interest even if payee declared income and paid taxes. ITAT amends order in line with Supreme Court judgment

TDS Default-Assessee liable us 2011A for interest even if payee declared income and paid taxes. ITAT amends the order in line with Supreme Court judgment.

ABCAUS Case Law Citation:
943 2016 (06) ITAT

Date of Judgment/Order June 2016

Brief Facts of the Case:
A TDS survey was conducted in the premises of the assessee and it was found that TDS was not deducted on contract payment, rent and on professional charges and the TDS assessments were completed accordigly. Aggrieved by the order, the assessee preferred appeals before the CIT(A) who held that payments made to advertising agencies were liable to TDS and directed the A.O. to compute the TDS liability if the amount exceeds the threshold limit for that particular assessment year. Aggrieved by the decision of the CIT(A), the assessee preferred appeals before the ITAT. The ITAT  by order dated 18-09-2014 remitted the matter to the AO with direction to verify as to whether the payee has declared the respective income and paid tax thereon and if so, the assessee shall not be held as ‘the assessee in default’ for the purpose of invoking provisions of section 201 and 201A. 

The appeal in the subject, has been preferred by the Revenue pointing out that the observation of Tribunal directing the AO not to treat the assessee in default for the purpose of section 201(1A), if the payee has declared the respective income, is not in line with the decision of Supreme Court in the case of Hindustan Coca Cola Beverage (P) Ltd., vs. CIT (2007) 293 ITR 226 (SC). 

The ITAT observed that a mistake had occurred in the order of Tribunal dated 18.09.2014 in and replaced the para no. 13 of the judgment.

Extract from ITAT Judgment:

……… we replace para No.13 which shall read as follows :

13. Hence, we remit the matter to the Assessing Officer to verify as to whether the payee has declared the respective income and paid tax thereon and if so, the assessee shall not be held as “the assessee in default” for the purpose of invoking provisions of section 201(1). However, this will not alter the liability to charge interest under section 201(1A) of the Act till the date of payment of taxes by the deductee-assessee. Further, from the details at para 6.3 produced at page 6 of the CIT(A) order, we find from the payments made towards advertisement the following do not exceed Rs.20,000.

Download Full Judgment

Share

Recent Posts

  • Service Tax

Demand set aside as assessee for period covered had discharged tax liability under SVLDRS

High Court sets aside demand notices in respect of a period, for which the assessee had discharged tax liability under…

7 hours ago
  • Income Tax

No addition u/s 68 when there is no fresh receipt of unsecured loans during the year

Addition u/s 68 can not be made applicable where there is no fresh receipt of unsecured loans at all during…

10 hours ago
  • Income Tax

Taxes on sales comprising in turnover to be excluded for estimating net profit

Amount of taxes on sales comprising in turnover to be excluded while computing gross receipts for estimating net profit -…

1 day ago
  • Income Tax

Capital contribution deposited in assessee’s bank not partnership firm – Addition 69A upheld

Addition u/s 69A confirmed as alleged capital contribution by partners was deposited in bank account of assessee not in account…

1 day ago
  • GST

Bail granted to a CA accused in a GST evasion of more than 40 crores

Allahabad High Court grants bail to Chartered Accountant accused in a GST evasion to the tune of more than 40…

2 days ago
  • Income Tax

Every provision invoked casts a different onus, quoting wrong section prejudice the assessee

Every provision invoked casts a different sort of onus on the assessee – ITAT deleted addition u/s 69 towards bogus…

2 days ago