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2017 (2) TMI 555 - ALLAHABAD HIGH COURT

2017 (2) TMI 555 - ALLAHABAD HIGH COURT - TMI - Penalty under Section 271C - non deduction of tds - assessee in default - Held that:- It is not in dispute that Assessee did not deduct interest and the reason given by Assessee was that in respect to Sahara premises, there was a revenue sharing agreement for the premises and services. Therefore, Assessee believed that tax at source was not deductible in such case. Commissioner of Income Tax (Appeals) (hereinafter referred to as "CIT(A)') accepted .....

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w and nothing has been shown to us that said findings are perverse, incorrect or otherwise illegal, we therefore, find no reason to interfere. - Decided in favour of Assessee. - Income Tax Appeal No. 59, 60, 61, 62 of 2016 - Dated:- 18-1-2017 - Hon'ble Sudhir Agarwal And Hon'ble Ravindra Nath Mishra-II, JJ. For the Appellant : Alok Mathur For the Respondent : Abhinav Mehrotra ORDER 1. Heard Sri Alok Mathur, learned counsel for appellant and Sri Abhinav Mehrotra, counsel for respondent. 2 .....

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nfirming the CIT (A)'s order without deciding the revenue's ground of appeal that there was no reasonable cause as provided in Section 273-B of the Act for the failure by the deductor company to deduct tax at source under Section 194-I of the Act in respect of rent paid by it to the deductee. (b) Whether on the facts and in the circumstances of the case, the ITAT was justified in law in confirming the order of the CIT (A) who had cancelled the penalty orders Under Section 271-C of the Ac .....

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