M/S. KALINGA MINING CORPORATION,CUTTACK vs. ITO, TDS, CUTTACK, CUTTACK

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ITA 469/CTK/2014Status: DisposedITAT Cuttack28 July 2017AY 2013-147 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the non-submission of Form 27C was a technical mistake and allowed the assessee an opportunity to submit the remaining forms. For puja expenses, the Tribunal directed the AO to delete the addition, finding an indirect nexus to business. The deferred tax liability was confirmed as not allowable.

What were the facts?

The assessee failed to collect Tax Collected at Source (TCS) on iron ore sales as required by Section 206C and also claimed deductions for donation and puja expenses. The Assessing Officer (AO) and Commissioner (Appeals) confirmed these disallowances.

What were the issues?

Whether the assessee is in default for not collecting TCS on iron ore sales and whether donation and puja expenses are allowable business expenditures.

Which sections of the Income-tax Act were involved?

Section 206C,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI N.S.SAINI, AM & SHRI PAVAN KUMAR GADALE, JM

Hearing: 26/07/2017Pronounced: 28/07/2017

Heard together (2 matters)

ITA No.469/CTK/2014
ITA No.405/CTK/2015

Read from the judgment's own cause title. This page is filed under one of them.

आदेश की प्रधतधलधप अग्रेधषत/Copy of the Order forwarded to : अपीलाथी / The Appellant- 1. M/s Kalinga Mining Corporation, Samanta Niwas, Seikh Bazar, Cuttack-753008 2. प्रत्यथी / The Respondent-

3.

आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कटक / DR, ITAT, Cuttack 5. 6. गाडा फाईल / Guard file. सत्याधपत प्रधत //True Copy// आदेशानुसार/ BY ORDER,

(Senior Private Secretary) आयकर अपीलीय अधधकरण, कटक / ITAT, Cuttack

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