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2016 (10) TMI 399 - CALCUTTA HIGH COURTImposition of interest under Sections 234B and 234C - liability to deduct tds - Held that:- The primary liability of deducting tax for the period concerned since the law has undergone a change after Finance Act, 2012 is that of the payer. The payer will be an assessee in default, on failure to discharge the obligation to deduct tax, under Section 201 of the Income Tax Act, 1961. Following GE Packaged Power Inc. (2015 (1) TMI 1168 - DELHI HIGH COURT ) it must be said that since the primary liability of deducting tax for the concerned period is that of the payer, the assessee is not liable to pay interest as charged by the settlement commission under Sections 234B and 234C of the Income Tax Act, 1961 and to such extent such demand is, therefore, set aside. - Decided in favour of assessee
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