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2014 (5) TMI 810 - AT - Income TaxCancellation of penalty u/s 271C of the Act – Payment made for services rendered - Liability to deduct TDS u/s 194J of the Act on rent paid for hiring crane – Held that:- Following M/s Oil India Limited Versus Dy. CIT. (TDS), Jodhpur [2013 (11) TMI 1237 - ITAT JODHPUR] - the very basis for levying the tax liability does not exist anymore and as such the penalty imposed by the AO itself becomes infructuous – the penalty u/s 271C of the Act was not leviable and the CIT(A) was fully justified in setting aside - there was no reason to interfere in the order of the CIT(A) – Decided against Revenue.
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