TMI Blog2012 (7) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 201(1A) - As decided in M/s. Hindustan Coca Cola Beverage Pvt. Ltd versus CIT [2007 (8) TMI 12 (SC)] no demand visualized u/s 201(1) be enforced after the tax deductor has satisfied the office in charge of TDS that taxed due have been paid by the deductee assessee - restore the matter back to the file of AO for deciding afresh to find out if the Recipient of income have no tax liability as per assessment framed u/s 143(3)- in favour of assessee for statistical purposes. - I.T.A.Nos.54 to 56/Ind/2012 - - - Dated:- 31-5-2012 - SHRI JOGINDER SINGH, SHRI R.C.SHARMA, JJ. Appellant by : Shri Manoj Munshi, Adv. Respondent by : Shri Keshav Saxena, CIT DR O R D E R PER R. C. SHARMA, A.M. These are the appeals fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... technical services for power transmission. The fee for technical service provided is charged under the head wheeling charges for transmission of power and SLDC charges for providing the technical services for running State Load dispatch Centre (SLDC). The assessee did not deduct TDS on transmission charges paid to TRANSCO, under the Transmission Service Agreement. The Assessing Officer held that out of the payments made to TRANSCO the payments made for wheeling charges and SLDC charges were liable to deduction of TDS u/s 195J. After hearing the assessee on the matter he passed the order levying interest u/s 201(1A) of Rs. 2,03,60,710/- for assessment year 2005-06, Rs. 2,76,77,354/- for assessment year 2006-07, Rs. 3,47,44,284/- for assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... department account of non-deduction of TDS, no interest under Section 201(lA) was, therefore, leviable. The provision of the Act is a measure to compensate the revenue for delay in payment of taxes. In the present case, RVPN to whom transmission charges are paid are assessed with the same assessing officer with whom the assessee is assessed with. RVPN has regularly filed its return of income for assessment years 2005-06 to 2008-09 declaring nil income and having substantial carry forward of unabsorbed depreciation. For assessment years 2005-06 and 2006-07, RVPN is assessed under Section 143(3) at nil income with substantial carry forward of unabsorbed depreciation. Thus, RVPN has no tax liability and it has been allowed the refund of tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed. 7. Facts of the instant case are also pari materia, wherein interest has been levied for non deduction/delay in deposit of TDS, whereas contention of the assessee all along is that Recipient of income has no liability of taxes and all the assessments of TRANSCO-recipient of income have been made u/s 143(3), and NIL tax liability was assessed. Assessment orders u/s 143(3) wherein Nil income tax liability was assessed for assessment year 2005-06 to 2008-09 were also placed on record. His further contention was that the ld. Assessing Officer failed to appreciate that in the present case there was no liability to pay tax on the deductee assessee. Even otherwise under Section 201(1A), the interest is payable from the date on which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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