Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 503 - AT - Income TaxTDS u/s 194C OR 194I - Default u/s 201(1) - CAM charges by licensee Assessee - short deduction of tax at source on Common Area Maintenance Charges paid - HELD THAT:- The decision of in Kapoor Watch Co. Pvt. Ltd. vs. ACIT [2021 (1) TMI 209 - ITAT DELHI] wherein the Tribunal examined the issue of short deduction of tax and held that the assessee cannot be regarded as the assessee in default u/s 201(1). The action of the assessee for deduction of TDS at 2% of CAM charges u/s 194C cannot be faulted per se. We thus reverse the action of the Revenue Authorities and restore the position taken by the assessee. The assessee thus cannot be regarded as assessee in default u/s 201(1)/201(1A) of the Act. - Decided in favour of assessee.
|