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2009 (12) TMI 93 - HC - Income TaxInterest and penalty - Assessee while making payments to building owners failed to deduct tax at source from the payments - Assessing Officer held that the assessee was required to deduct the tax at source and for non-deducting tax at source is required to pay the interest, as well as penalty apart from the tax to be deducted at source. - Supreme Court in Hindustan Coca Cola Beverage P. Ltd. v. CIT has ruled that if the payee has paid the tax, even though the assessee failed to deduct tax, the tax cannot be recovered once again from the assessee as it amounts to double collection of tax - the matters are required to be re-considered by the Assessing Officer in the light of the judgment of the Supreme Court, on the merits - However, it is made clear that the assessee, in the present case, shall raise the question that whether the assessee being an association under the provisions of the Karnataka Societies Registration Act is liable to collect tax at source
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