2012 (6) TMI 507

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..... disposal of ITA No.2 of 2012 and ITA No.3 of 2012. For the sake of convenience, facts are taken from ITA No.2 of 2012.     2. This appeal under section 260-A of the Income Tax Act, 1961 (for short, the Act) is directed against the order dated 30.03.2011 passed by Income Tax Appellate Tribunal, Indore (for short, the Tribunal). By the said order the Tribunal disposed of two appeal b .....

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..... under section 206C(1C) inserted by the Finance Act, 2004 w.e.f. 1.10.2004 together with interest thereon. The Assessing Officer after considering the provisions of 206C(1C) and 206(6) of the Act held that it was obligatory on the part of the appellant to have collected the tax at the time of receiving actual contract amount from the Contractors. He, therefore, raised the demand vide order dated 1 .....

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..... Act.     5. The said order of the Commissioner (Appeals) by which the order of Assessing Officer regarding interest part has been affirmed, was challenged by the appellant before the Tribunal. The Tribunal vide impugned order dated 30.03.2011 held the appellant to be liable to pay interest. It held that from the Circular dated 29.01.1997 it is clear that even if the deductees (Cont .....

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..... very clear, which reads thus :-         "206C(7)- Without prejudice to the provisions of sub-section (6), if the [person responsible for collecting tax] does not collect the tax or after collecting the tax fails to pay it as required under this section, he shall be liable to pay simple interest at the rate of [one] per cent per month or part thereof on the amoun .....

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..... ch was not collected by the appellant and not on the tax liability of the deductees (Contractors).     9. In the circumstances, we find no error in the orders impugned in this appeal. In our considered view, no substantial question of law is involved in this appeal warranting admission of the same. Accordingly, the appeal is liable to be and is hereby dismissed in limine.
Case .....

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