KSS PETRON P.LTD,MUMBAI vs. ASST CIT TDS CIR 2(2), MUMBAI
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted the consistent non-appearance of the assessee and the lack of any explanation for such absence. In the absence of any submissions from the assessee, the Tribunal dismissed both appeals.
What were the facts?
The assessee, M/s KSS Petron Pvt. Ltd., filed appeals against orders confirming the levy of income tax for short deduction of TDS and for not depositing TDS. The assessee repeatedly failed to appear before the Tribunal despite multiple opportunities and adjournments.
What were the issues?
The primary issues were the levy of income tax for short deduction of TDS and the non-deposit of TDS, compounded by the assessee's failure to appear and present their case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “H”, MUMBAI
Before: Shri JOGINDER SINGH, & Shri G. MANJUNATHA
आदेश / O R D E R
Per Joginder Singh (Judicial Member) These two appeals are by the assessee against the impugned orders both dated 31/03/2014 of the Ld. First Appellate Authority, Mumbai, confirming the levy of income tax for short deduction of taxes at source (TDS) and passing an order under section 201(1) of the Income Tax Act, 1961 (hereinafter the Act) and further not deposit of TDS into the government treasury and also passing an order under section 200A of the Act for levying interest on the short deduction and late payment of taxes (interest on late payment of TDS).
During hearing, none was present for the assessee. It is noted that these appeals were filed on 17/06/2014 and on the date of hearing i.e. 17/07/2016, the appeals were adjourned to 01/02/2017 for non- appearance of the assessee. Registered AD notice was issued. On 01/02/2017 also, one more opportunity was provided as non-appeared for the assessee. On 15/06/2017, the authorized representative requested for 18/10/2017. On 18/10/2017 also, nobody appeared for the assessee and the appeal was adjourned to 15/01/2018. Today i.e. 04/06/2018, neither anybody appeared for the assessee nor moved any adjournment petition. It seems that the assessee has nothing to say. The Ld. DR even pointed out before the First Appellate Authority also, the assessee did not appear in spite of sufficient opportunity provided to the assessee for which our attention was invited to para-2 of the impugned order.
2.1. We have considered the submissions of Ld. DR and perused the material available on record. It is noted that the TDS statement was analyzed by the Assessing Officer, wherein, the default of non-payment of TDS amount deducted/low deduction of TDS at the prescribed rate was found. The assessee was asked to show cause for such a default. The Ld. Assessing Officer assessed the assessee and directed to pay the total tax liability. On appeal before the Ld. Commissioner of Income Tax (Appeal) in spite of sufficient opportunities provided to the assessee, dismissed. Before us also, the assessee did not bother to attend. Therefore, in the absence of any explanation by the assessee, both the appeals are dismissed. However, it is made clear that if on a later date, the assessee moves application and justifies its non-appearance, the Bench is free to recall the order and may decide on merit.
Finally, the appeals of the assessee are dismissed.
This Order was pronounced in the open court in the presence of ld. DR at the conclusion of the hearing on 04/06/2018.
Sd/- Sd/- (G. Manjunatha) (Joginder Singh) लेखा सद�य / ACCOUNTANT MEMBER �या�यक सद�य / JUDICIAL MEMBER मुंबई Mumbai; �दनांक Dated : 04/06/2018 f{x~{tÜ? P.S/.�न.स.,
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to :
अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. आयकर आयु�त,(अपील) / The CIT, Mumbai. 4. आयकर आयु�त / CIT(A)- , Mumbai 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, मुंबई / DR, ITAT, Mumbai
More judgments on Section 201(1)
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- Tmw Fintech Private Limited, Mumbai vs Circle 14(1)(2), MumbaiITA 30/MUM/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- State Bank of India, Guna vs Income Tax Officer, TDS, GwaliorITA 432/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
- State Bank of India Regional Business… vs Income Tax Officer, TDS Gwalior, GwaliorITA 420/AGR/2026[2016-17]Status: Disposed7 Oct 2026AY 2016-17
- State Bank of India, Tikamgarh vs Income Tax Officer, TDS ITO (TDS) Gwalior…ITA 411/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026
- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026