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2023 (5) TMI 1329 - ITAT DELHIJurisdiction of CIT(A) u/s 251 - Classification of Interest-Free Loans as Perquisites - Taxability as salary u/s 17 - action for not deducting TDS from the perquisite in respect of interest free loans given to directors - importance of adhering to the powers granted by the Act HELD THAT:- In the case in hand after deciding the grounds the CIT(A) directed the AO to take appropriate action for not deducting TDS from the perquisite in respect of interest free loans given to directors and to take appropriate action to tax the perquisites u/s. 17 of the Act. In our considered view these directions were unwarranted and uncalled for as the issue was not before the CIT(A) no such power has been granted by the Act, therefore, the impugned direction of the CIT(A) is held to be in excess of the jurisdiction conferred by section 251 of the Act and hence same are directed to be deleted. Ground No.2 and 3 taken together are allowed.
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