CIT vs. BNB CONSTRUCTIONS PVT LTD
What did the High Court hold?
The Tribunal accepted the assessee's explanation for the delay in TDS deposit, considering the expenditure to be genuine. The High Court found no substantial question of law.
What were the facts?
The assessee paid consultancy charges and deducted TDS, but deposited the TDS late after the financial year end. The Assessing Officer disallowed the deduction for the current year.
What were the issues?
Whether disallowance of expenditure is justified due to late deposit of TDS, and if penalty under Section 271(1)(c) is leviable in such circumstances.
Which sections of the Income-tax Act were involved?
Section 40(a)(ai),Section 194J,Section 271(1)(c),Section 260A
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 1184/2011 . . . CIT ..... Appellant . Through Mr. Abhishekh Maratha, Sr. Standing Counsel. . . . versus . . . BNB CONSTRUCTIONS PVT LTD ..... Respondent . Through . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 01.11.2011 . . . This appeal under Section 260A of the Income Tax Act, 1961 . (Act, for short) filed by the Revenue is directed against the order dated 25th February, 2011 passed by the Income Tax Appellate Tribunal (for short, the tribunal) in ITA No.2397/Del/2010 relating to assessment year 2006-2007 in the case of M/s. BNB Constructions Pvt. Ltd. The tribunal has allowed the appeal and quashed penalty under Section 271(1)(c) of the Act. . 2. The assessee had paid consultancy charges of Rs.2,23,740/- on 28th February, 2006 to a third party and had deducted tax at source (TDS, for short). However, the said TDS was deposited late in the bank on 6th April, 2006 i.e. after end of the financial year on 31st March, 2006. The Assessing Officer disallowed the said deduction as expenditure under Section 40(a) (ai) read with Section 194J of the Act. He has held that the said deduction can be allowed in the subsequent assessment year i.e. 2007-2008. The tribunal has examined the factual matrix of the case and the explanation given by the assessee. There is no dispute that the expenditure was genuine and the only question was the delay in deposit of TDS by a few days. Keeping in view the factual matrix, the explanation given by the respondent-assessee has been accepted. . We do not think that any substantial question of law arises in this appeal and the same is accordingly dismissed. . . . . . . . SANJIV KHANNA, J. . . . . . . . R.V.EASWAR, J. . NOVEMBER 01, 2011 . NA . 04 .
More judgments on Section 194J
- Mahesh Pulaveni, Adilabad vs ITO, Ward -11(1), HyderabadITA 991/HYD/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- Shagun Singhal, Ludhiana vs Principal Commissioner of Income Tax…ITA 899/CHANDI/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- Competitiveness Mindset Institute (Cmi)… vs CIT Exemption, JaipurITA 112/JPR/2026[2025-26]Status: Disposed30 Sept 2026AY 2025-26
- Competitiveness Mindset Institute (Cmi)… vs CIT Exemption, JaipurITA 1414/JPR/2025[2025-26]Status: Disposed30 Sept 2026AY 2025-26
Latest GST High Court judgments
Search GST case law →- M/S B.K. Agency Under The Proprietor Of Bhola Prasad vs. The Chief Commissioner, CGSTPatna · 2 Nov 2026
- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026