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2012 (9) TMI 158 - PUNJAB AND HARYANA HIGH COURTNon issuance of Tax Deduction Certificate (TDC) u/s 197 - assessee is subsidiary of Serco BPO Holdings Private Limited - Held that:- The power vested in the Assessing Officer for non issuance of TDC is to be exercised in a judicious manner & is required to furnish reasons while deciding the application filed by the assessee. The perusal of the application filed by the assessee clearly demonstrates that the AO had rejected the application as the assessee had violated the provisions of TDS and proceedings under Sections 276B and 271C of the Act were pending, but none of these grounds validly form part of reasons for rejecting an application filed by an assessee under section 197(1) read with Rule 28AA of the Rules. The Assessing Officer cannot be held justified to plead that though the assessee fulfills the requisite conditions stipulated under Rule 28AA or the concerned rule, but shall not grant the certificate in exercise of his discretion - direction to the Assessing officer to re-decide the application - in favour of assessee for statistical purposes.
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