Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 1272 - ITAT BANGALORETDS u/s 192 - Assessee in default - non deducting tax at source on salary - levying interest on tax not deducted at source - order u/s. 201(1) and 201(1A) - Held that:- The plea of the assessee that it made a bonafide estimate of employees salary by valuing the perquisites in the form of residential accommodation provided to the employees by valuing the same as if employees were employees of Central Govt. has to be accepted. In this regard, it is clear from the records that the position with regard to the assessee not being a Central Govt. was brought to its notice by the department only in the proceedings initiated in 2013. Even thereafter, the assessee has been taking a stand that its employees are employees of Central Govt. As held the obligation of the assessee is only to make a bonafide estimate of the salary. Assessee has made such an estimate. The assessee's obligation u/s. 192 is therefore properly discharged and hence proceedings u/s. 201(1) & 201(1A) of the Act have to be quashed and are hereby quashed. - Decided in favour of assessee.
|