TMI Blog2017 (1) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... so ought to be decided in favour of the Revenue. Moreover, even assuming that the judgment in Hindustan Coca Cola case (2007 (8) TMI 12 - SUPREME COURT OF INDIA ) applies to this case, the assessee's liability under subsection (7) cannot be applied on the basis thereof. The last sentence in paragraph No.10 quoted above makes it clear that where the deductee assessee in the case of TDS had paid the tax or filed a “nil” return. The demand for the principal amount cannot be enforced. However, this would not alter the liability to pay interest under Section 201(1A) or for penalty under Section 271(C). For the same reasons, therefore, even assuming that the liability to collect tax at source cannot be enforced on account of the deductee asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the purpose of the appeals that a concessionaire agreement was entered into between the assessee and the concessionaire under which the concessionaire was entitled to collect toll. Consideration is payable by the concessionaire to the assessee in respect thereof. The assessee contends that it is only a nodal agency and had entered into the contract as such for and on behalf of the Government of Punjab. It is also contended that the concessionaire was responsible for the overall operation and maintenance of the project facility and was not merely granted usage of the toll plaza. The assessee, therefore, contends that the provisions of Section 206C(1C) are not attracted so far as it is concerned. In the alternative, the assessee contende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see or lessee to the account of the licensee or lessee at the time of receipt of such amount from the licensee or lessee in cash or by the issue of a cheque or draft or by any other mode, whichever is earlier, collect from the licensee or lessee of any such licence, contract or lease of the nature specified in column (2) of the Table below, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said Table, of such amount as income- Tax: S.No. Nature of contract or licence or lease, etc. Percentage (i) Parking lot Two per cent (ii) Toll plaza ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be decided in favour of the Revenue. Moreover, even assuming that the judgment in Hindustan Coca Cola case (supra) applies to this case, the assessee's liability under subsection (7) cannot be applied on the basis thereof. The last sentence in paragraph No.10 quoted above makes it clear that where the deductee assessee in the case of TDS had paid the tax or filed a nil return. The demand for the principal amount cannot be enforced. However, this would not alter the liability to pay interest under Section 201(1A) or for penalty under Section 271(C). For the same reasons, therefore, even assuming that the liability to collect tax at source cannot be enforced on account of the deductee assessee, i.e. concessionaire in this case, ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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