247 ITR 305 (Guj) CIT v. Nestle India Ltd.

THE GREAT EASTERN SHIPPING CO. LTD ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…. Ltd, Mumbai 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…. Ltd, Mumbai 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

THE GREAT EASTERN SHIPPING CO. LTD ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…. Ltd, Mumbai 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

THE GREAT EASTERN SHIPPING CO. LTD ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…. Ltd, Mumbai 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

THE GREAT EASTERN SHIPPING CO. LTD ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…. Ltd, Mumbai 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…ing the appeal. 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

THE GREAT EASTERN SHIPPING CO. LTD,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS CIRCLE 2(3), MUMBAI

In the result, all the eight appeals filed by the assessee are allowed

Bench: Shri Sandeep Gosain & Ms. Padmavathy S

…. Ltd, Mumbai 13) There are several judgments of various High Courts and the ITATs, wherein on a similar issue, the interest levied on late deduction of TDS on salaries was deleted. A The Madhya Pradesh High Court in the case of Gwalior Rayon Silk Co. Ltd. (140 ITR 832) has held that the provisions of section 201 are attracted in the case of an employer only when that employer does not deduct or, after deducting, fails to pay the tax as required by the Act. It was further held that the said section requires an employer to deduct and pay tax on the estimated income of his employee. A duty is cast on an employer…

STATE BANK OF INDIA - CORPORATE CENTRE,MUMBAI vs. DCIT (TDS)-2(2), MUMBAI

In the result, appeals are allowed as indicated above

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2010-11 & Assessment Year: 2011-12 State Bank Of India Deputy Commissioner Of Corporate Centre, Income Tax (Tds)-2(2), 2Nd Floor, Office Administration K.G. Mittal Ayurvedic Hospital Department, State Bank Bhawan, Vs. Bldg, Charni Road (W), Madam Cama Road, Mumbai - 400002 Nariman Point, Mumbai - 400021 Pan: Aaacs8577K (Appellant) (Respondent) Assessee By : Shri Nitesh Joshi (Ar) Revenue By : Shri T.S. Khalsa (Dr) Date Of Hearing : 30/09/2021 Date Of Pronouncement: 12/10/2021

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “G”, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2010-11 & Assessment Year: 2011-12 State Bank of India Deputy Commissioner of Corporate Centre, Income Tax (TDS)-2(2), 2nd Floor, Office Administration K.G. Mittal Ayurvedic Hospital Department, State Bank Bhawan, Vs. Bldg, Charni Road (W), Madam Cama Road, Mumbai - 400002 Nariman Point, Mumbai - 400021 PAN: AAACS8577K (Appellant) (Respondent) Assessee by : Shri Nitesh Joshi (AR) Revenue by : Shri T.S. Khalsa (DR) Date of Hearing : 30/09/2021 Date o…

STATE BANK OF INDIA - CUFFE PARADE BRANCH,MUMBAI vs. ACIT-TDS-3(2),, MUMBAI

In the result, the appeal is allowed in the terms indicated above

…deducts tax at source thereon, he cannot be held to be an assessee in default under section 201. Assessment year: 2012-13 Page 8 of 17 36. In this regard, the Bank relies on, inter alia, the following judicial precedents: • Gwalior Rayon Silk Co. Ltd. v. CIT (140 ITR 832) (Madhya Pradesh High Court) • CIT v. Nestle India Ltd. (243 ITR 435) (Delhi High Court) • CIT v. HCL Info System Ltd. (282 ITR 263) (Delhi High Court) • LIC of India v. ACIT (Writ Tax No. 619 to 621 of 2009) (Allahabad High Court) • CIT v. Oil & Natural Gas Corporation Ltd. (254 ITR 121) (Gujarat High Court) • CIT v. I.T.C. Ltd. (220 Taxman 414)…