Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (7) TMI 727 - AT - Income TaxLiability to deduct tax at source from the payment of such commission under S.194H - assessee in default under S.201(1)/201(1A) - CIT(A) directed the Assessing Officer to examine whether the taxes were already paid by the deductees i.e. distributors and give credit for the same. and also to charge interest under S.201(1A) from the date on which the tax was payable to the date on which the tax was actually paid by the deductees - Held that:- Although the first proviso to S.201(1) has been inserted in the statute with effect from 1.7.2012, the same being clarificatory in nature is applicable with retrospective effect, thereby covering the year under consideration, as rightly held by the learned CIT(A), and the Learned Departmental Representative has not raised any contention to dispute or controvert the position. We, therefore, find no infirmity in the impugned order of the learned CIT(A), giving limited relief to the assessee by relying on the first proviso to S.201(1), which is applicable to the year under consideration, and upholding the same, we dismiss the appeal preferred by the Revenue. - Decided against revenue.
|