Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 388 - AT - Income TaxPenalty u/s 271(1)(c) - non-deduction of tax on payments being made for External Development Charges (EDC) paid / payable to HUDA - HELD THAT:- Giving thoughtful consideration to the matter on record, the clarification dated 19.06.2018 available on page no. 1 of the paper book makes it very obvious that receipts on account of EDC are being deposited in the Consolidated Fund of the State, accordingly directions were issued to colonizer like present assessee, to not deduct TDS. As in M/s. Perfect Constech P. Ltd. case [2020 (12) TMI 1158 - ITAT DELHI] and RPS Infrastructure Ltd.[2019 (9) TMI 39 - ITAT DELHI] have held that assessee was not required to deduct tax at source at the time of payment of EDC. Thus the Bench is of considered opinion that levy of penalty u/s 271(1)(C) of the Act cannot be sustained. The grounds raised in the appeals are allowed.
|