CIT v. Dhanalakshmy Weaving Works

245 ITR 13High Court2000#17423 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2021.

Judgments citing CIT v. Dhanalakshmy Weaving Works

ALLAHABAD BANK,GHAZIABAD vs. ITO (TDS), GHAZIABAD

The appeals of the assessee are allowed

ITA 6096/DEL/2016[2015-16]Status: DisposedITAT Delhi30 Mar 2021AY 2015-16

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 194ASection 201Section 201(1)

…than the Gauhati Bench. Accordingly, the principle as enunciated by the Allahabad High Court in the case of Jagaran Prakashan Ltd. in 345 ITR 288 has to be followed. As far as the judgment of the Kerala High Court as referred by the Gauhati Bench reported in 245 ITR 13 in case of CIT vs. Dhanalakshmy Weaving Works is concerned, the same deals only with the levy of interest u/s 201(1A) of the Act on account of non-deductibility of TDS. The Kerala High Court had no occasion to consider the judgment of the Hon’ble Supreme Court in the case of CIT vs. Eli Lilly and Co. (India) Pvt. Ltd. and the judgment of Delhi Hig…

ALLAHABAD BANK,GHAZIABAD vs. ITO (TDS), GHAZIABAD

The appeals of the assessee are allowed

ITA 6095/DEL/2016[2014-15]Status: DisposedITAT Delhi30 Mar 2021AY 2014-15

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 194ASection 201Section 201(1)

CANARA BANK,TRIVANDRUM vs. DCIT (TDS), TRIVANDRUM

In the result, the appeal of the assessee is partly allowed for statistical

ITA 474/COCH/2018[2009-10]Status: DisposedITAT Cochin26 Sept 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 194ASection 201

…raised the following grounds of appeal: 1. The CIT(A) has erred in charging interest u/s. 201(1A) from the date on which tax was deductable and upto 31/03/2015 ignoring the contention of the appellant that Supreme Court has held in Hindusthan Coca-Cola case (245 ITR 13) that interest u/s. 201(1A) should be charged only upto the date on which deductee assessee paid the tax on total income. I.T.A. No. 474/Coch/2018 2. The CIT(A) did not consider the evidence produced by the appellant that the deductee (Kerala State Beverages Corporation) had included the interest paid by this appellant in its total income for th…

M/S. D.D. TOWNSHIP LIMITED,NEW DELHI vs. ITO, NEW DELHI

In the result, appeal of the assessee is dismissed

ITA 6802/DEL/2014[2009-10]Status: DisposedITAT Delhi08 Dec 2017AY 2009-10

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishi

For Appellant: Shri Manu Monga, AdvocateFor Respondent: Ms. Ashima Neb, Sr. D.R

Section 194ASection 201Section 201(1)

…is concerned, that cannot be considered to be non- 7 ITA.No.6802/Del./2014 D.D. Township Ltd., New Delhi. existent on account of deposit of tax by the recipient at a subsequent or later stage.” 5.2. In the case of CIT vs. Dhanalakshmy Weaving Works (2000) 245 ITR 13 (HC) (Kerala), the Hon’ble Kerala High Court held as under : “Held : that the levy of interest is a compensatory measure for withholding tax which ought to have gone to the exchequer, Section 201(A) of the Income Tax Act, 1961, makes it clear that the levy of interest is mandatory. It is true that use of the expression ‘shall’ is not always dete…

M/S THE RIGHT ADDRESS LTD.,KOLKATA vs. THE INCOME TAX OFFICER,(TDS) WARD-59(4) (TDS),KOLKATA KOLKATA, KOLKATA

In the result, Revenue’s appeal stands dismissed and assessee’s appeals are allowed

ITA 46/KOL/2014[2008-2009]Status: DisposedITAT Kolkata16 Sept 2016AY 2008-2009

Bench: Shri Waseem Ahmed & Shri K.Narasimha Chary

Section 197(1)Section 201Section 201(1)

…tax. The provisions of interest are mandatory and automatic and interest has to be paid from the date on which the tax was deductible till the date on which the tax is actually paid. We may also refer to the decision in CITv. Dhanalakshmy Weaving Works [2000} 245 ITR 13 (Ker). In this case, it was held that the purpose of the levy is to claim compensation on the amount which ought to have been deducted and deposited and has not been done by the assessee. The learned authorised representative had relied upon the decision of CIT v. Rishikesh Apartments Co-operative Housing Society Ltd. [2002} 253 ITR 310 (Guj). In…