Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (8) TMI 828 - HC - Income TaxTCS deduction - collection of toll by lease or the person employed by him on behalf of the Govt. under HP Tolls Act, 1975 - HELD THAT:- As before any liability is imposed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the AO finding that the toll lessees had not paid the tax which ought to have been deducted as TCS by the appellant when it had filed its return, the appellant shall be held liable to pay the same. Therefore, the appellant is directed to share with the respective AO the details of the toll lessees including their PAN number for the respective assessment years in question within four weeks. On receipt of such information, within eight weeks the AO shall verify the return filed by the respective toll lessees , and in the event he comes to the conclusion that the said toll licencee had already paid tax which ought to have been deducted as TCS by the appellant, then he shall not levy any tax on the appellant. If not, he may proceed to collect the same from the appellant Department. The appellant is held liable to pay interest u/s 206C (7) of the Act to the Department for the period between the date of default in deduction of TCS and the date on which the toll licencee had actually paid the income tax on the amount for which there had been a short fall in such deduction, within eight weeks of notification of the same by the Assessing Officer to the appellant.
|