Tds
This query is : Resolved
30 December 2011
My client has received a notice from IT department for short deduction of TDS and have been asked to pay the TDS with interest..
Actually client has short deducted the TDS on salary paid to Directors, but, directors had paid the tax as self assessment tax at the time of filing ITR.
Can you pls help me out with relevant CASE LAWS so that TDS and penalty can be saved as there is no loss of revenue to Govt.
Thanking you
Actually client has short deducted the TDS on salary paid to Directors, but, directors had paid the tax as self assessment tax at the time of filing ITR.
Can you pls help me out with relevant CASE LAWS so that TDS and penalty can be saved as there is no loss of revenue to Govt.
Thanking you
30 December 2011
The ITAT Mumbai bench in Chattisgargh State Electricity Board vs. ITO(TDS)
Under the Explanation to s. 191, a person can be treated as an assessee in default u/s 201(1) only when, apart from the lapse in deduction of tax at source, the recipient of income has failed to pay such tax directly. S. 201(1) imposes vicarious (and not penal) liability on the payer to make good the shortfall in tax collection. If the tax liability is discharged by the recipient of income, the vicarious liability cannot be invoked.
copy & paste the following link for full judgement
http://www.simpletaxindia.net/2011/12/section-194-i-tds-on-rent-payee-must.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+SimpleTaxIndia+%28SIMPLE+TAX+INDIA%29
Under the Explanation to s. 191, a person can be treated as an assessee in default u/s 201(1) only when, apart from the lapse in deduction of tax at source, the recipient of income has failed to pay such tax directly. S. 201(1) imposes vicarious (and not penal) liability on the payer to make good the shortfall in tax collection. If the tax liability is discharged by the recipient of income, the vicarious liability cannot be invoked.
copy & paste the following link for full judgement
http://www.simpletaxindia.net/2011/12/section-194-i-tds-on-rent-payee-must.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+SimpleTaxIndia+%28SIMPLE+TAX+INDIA%29
Message likes :
2 times
30 December 2011
Sir, can you please give me an idea regarding how to represent my case in front of Assessing Officer by giving reference to this case law.
Thank You
Thank You
30 December 2011
Dear Hamid,
Cheque with Hindustan Coca cola Bevereges Private Limited v/s Cit, 293 ITR 226 (SC)
This case of supreme court will solve all your problems.
Cheque with Hindustan Coca cola Bevereges Private Limited v/s Cit, 293 ITR 226 (SC)
This case of supreme court will solve all your problems.
Message likes :
1 times
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- ITC temporary reversal and reclaim
- GST on export of services and Input Credit
- RCM applicability on Rent Paid by Registered Person to Unregistered Landlord for Residental Building
- Applicable TDS rate for sale of property in Nov 2024
- Inventory of finished goods
- Tds on building rent monthly
- RCM INVOICING FROM NOV-2024
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- Sale of property furniture sale
- Confusion around Form 26QB fields
- Adjustment entry in the case of Individual and HUF on 31st March
- Stock difference tax applicable on composite rate or normal rate
- LAST YEAR 2022-23 ITC IN NEXT YEAR 2023-24 REPORITNG IN GSTR-9
- MIS MATCH OF INVOICE NUMBER
- IGST Credit-Show cause notice issued-confusion
- Issue of gst e invoice
- How to adjusted advances given or receipt
- Foreign vendor without PAN unable to to register due to non receipt of OTP on foreign number ?
Trending Online Classes
CAclubindia
