TMI Blog2017 (2) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... se any further question in regard to Section 201(1) of Act, 1961 before this Court for the first time when against this finding, no appeal has been filed before Tribunal. - Income Tax Appeal No. 71 - 61 of 2015 - - - Dated:- 18-1-2017 - Hon'ble Sudhir Agarwal And Hon'ble Ravindra Nath Mishra-II, JJ. For the Appellant : Alok Mathur For the Respondent : Waseeq Uddin Ahmed O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 194(1). Hence the issue was not of deduction or non-deduction but difference of rate of deduction. As per provision of section 194C of the IT Act, 1961 the liability of deduction of tax is on payment made by deductor to deductee. Positive or negative income is not a determining condition for applicability of TDS provisions. 2. Whether the Ld. Tribunal was justified in restoring the is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if deemed fit and the Parliament has since prescribed the time limit of seven years for this purpose as per section 201(3) of the IT Act. 2. Learned counsel appearing for Assessee pointed out that in respect to Assessment Years 2003-04 and 2004-05, to which these appeals relate, Commissioner of Income Tax (Appeals) (hereinafter referred to as CIT(A) ) held that proceedings were already barr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Supra) and the Himachal Pradesh High Court in the case of CIT Vs. Satluj Jal Vidyut Nigam Ltd. (supra) and the Revenue has not challenged this finding of the ld. CIT(A) by raising any grounds in these appeals. The Revenue has assailed the order of the ld. CIT(A) on merit whereas the ld. CIT(A) has not given any finding on merit in these two appeals. Since the Revenue has not assailed the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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