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2016 (6) TMI 259 - AT - Income TaxInterest levied under section 234B - non-payment of advance tax - non deduction of tds by the payer - CIT(A) deleted the levy - Held that:- Respectfully following the decision of Honourable Delhi high court in case of DIT V G E Packaged power (2015 (1) TMI 1168 - DELHI HIGH COURT ) we hold that on the payments received by the assessee the payer were required to deduct tax at sources u/s 195 of the act and as the tax was ‘deductible’ u/s 195 of the act there is no failure on part of the assessee in payment of advance tax. Therefore, assessee cannot be saddled with the burden of interest u/s 234B of the act. Hence, we confirm the order of the Ld. CIT (A) in deleting interest under section 234 B of the income tax act 1961 in case of case of the assessee - Decided against revenue
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