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2018 (3) TMI 1582 - AT - Income TaxPenalty u/s 271C - payment of royalty to the payee u/s 194(J) - Held that:- We observe that the assessee was liable for TDS under the provisions of the Income Tax Act on the payment of royalty to the payee u/s 194(J). Assessee has not deducted TDS. After perusing the documents it was found that the order was passed by the assessing officer u/s 201(1) / 201(1A) on 22.01.2010 and the assessee had paid the entire TDS and interest amount on 07.01.2010, i.e., before passing of the order with the Punjab National Bank Challen no. 00290 which is on paper book at page no. 4. The assessee has also filed TDS return with the National Security Deposits Ltd. on dated 13.01.2010 which too is before the passing of the order by the assessing officer. - Decided in favour of assessee.
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