9911796707
TMI Blog2018 (5) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... ti Soparkar, Advocate ORAL ORDER (PER : HONOURABLE Mr. JUSTICE AKIL KURESHI) We had issued notice for final disposal on the following question of law presented by the Revenue : "Whether the Appellate Tribunal has erred in law and in facts in deleting the interest levied under Section 201 [1A] of the Act ?" The respondent-assessee is a company registered under the Companies Act, 1956. For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court in the case of Hindustan Coca Cola Beverages Private Limited v. Commissioner of Income-tax, reported in [2007] 293 ITR 2w26 [SC] and dismissed the Revenue's appeal. The revenue's principal grievance in this appeal against the said judgment of the Tribunal is that the Tribunal did not provide for recovery of interest on delayed payment by HDFC; if any, as is provided by the Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee's fundamental contention that requirement of deducting tax at source did not arise at all has not been examined by the Tribunal, in view of the Tribunal's application of the ratio laid down by the Supreme Court in the case of Hindustan Coca Cola Beverages Private Limited [Supra]. In our view, all these aspects require consideration. While not disturbing the Tribunal's opinion that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is against the assessee, the Tribunal would be required to examine the assessee's legal contention that in any case, looking to the nature of payments in question, liability of the assessee to deduct tax at source did not arise at all. For considering the above issues, the impugned judgment of the Tribunal is set-aside. Proceedings are remanded back to the Tribunal for fresh consideration in acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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