Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

M/s Outotec Gmbh Pan : AABCO8228K Versus Income Tax Settlement Commission, Additional Bench, Kol.

2016 (10) TMI 399 - CALCUTTA HIGH COURT

Imposition of interest under Sections 234B and 234C - liability to deduct tds - Held that:- The primary liability of deducting tax for the period concerned since the law has undergone a change after Finance Act, 2012 is that of the payer. The payer w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

liability of deducting tax for the concerned period is that of the payer, the assessee is not liable to pay interest as charged by the settlement commission under Sections 234B and 234C of the Income Tax Act, 1961 and to such extent such demand is, t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e petitioner has assailed an order passed by the settlement commission. The challenge to the order of the settlement commission is limited to the imposition of interest under Sections 234B and 234C of the Income Tax Act, 1961. The learned Senior Advo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

3ITR65(Delhi) in (Director of Income-Tax (International Taxation) Vs. GE Packaged Power Inc). He has submitted that, the issues raised in the present writ petition were considered in such judgment. They were answered in favour of the assessee. Simila .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he rival contentions and the materials made available on record. The imposition of interest for the relevant period under Sections 234B and 234C by the settlement commission is under challenge in the present case. In GE Packaged Power Inc. (supra) th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

of law in Alcatel Lucent (supra) is applicable since the assessee, having denied tax liability during reassessment, caused the payer to erroneously refrain from deductiing tax under section 195; it must thus suffer an interest for non-payment of adva .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

invite an interest upon the payees . It has been held that the primary liability of deducting tax for the period concerned since the law has undergone a change after Finance Act, 2012 is that of the payer. The payer will be an assessee in default, on .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version