CIT v. Prem Nath Motors (P) Ltd.

253 ITR 705High Court2002#8916 most cited

What is CIT v. Prem Nath Motors (P) Ltd. authority for?

Interest levied under section 201(1A) for delay in payment of TDS is compensatory in nature, not a penalty, and is allowable as a deduction under section 37 of the Income-tax Act. The liability for tax not being reduced or eliminated does not waive the requirement for TDS compliance.

12

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2022.

Also referred to as

CIT v. Prem Nath Motors · section 201(1A) · interest on TDS · compensatory nature of interest · allowance u/s 37 · TDS compliance

Issues it is cited on

section 24asection 35esection 269uasection 75section 52interest under section 201(1a)section 32(1)(ii)commercial rightssection 192section 32(1)section 269enduring benefit

Judgments citing CIT v. Prem Nath Motors (P) Ltd.

M/S Karnataka Emta Coal Mines Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 2139/BANG/2018[2014-15]Status: DisposedITAT Bangalore14 Nov 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

…of 55 (b) Prakash Cotton Mills Pvt. Ltd. v. CIT (1993) 201 TTS 684 (SC). (c) DCIT v. Messee Duysseldorf India (P) Ltd. (2010) 129 TTJ 81 T (Del.). (d) Commissioner of Income-Tax vs Prem Nath Motors (Pvt.) Ltd. on 5 September. 2001 Equivalent citations: 2002 253 ITR 705 Delhi Findings: 19. We have heard the rival submissions and perused the materials available on record. After hearing both the parties, we are of the opinion that this issue is squarely covered by earlier decision in the case of CIT Vs. Oriental Insurance Company Ltd. (315 IT 102) (Karn.) and also other judgements cited (supra), wherein held tha…

M/S Karnataka Emta Coal Mines Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 2138/BANG/2018[2013-14]Status: DisposedITAT Bangalore14 Nov 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

…of 55 (b) Prakash Cotton Mills Pvt. Ltd. v. CIT (1993) 201 TTS 684 (SC). (c) DCIT v. Messee Duysseldorf India (P) Ltd. (2010) 129 TTJ 81 T (Del.). (d) Commissioner of Income-Tax vs Prem Nath Motors (Pvt.) Ltd. on 5 September. 2001 Equivalent citations: 2002 253 ITR 705 Delhi Findings: 19. We have heard the rival submissions and perused the materials available on record. After hearing both the parties, we are of the opinion that this issue is squarely covered by earlier decision in the case of CIT Vs. Oriental Insurance Company Ltd. (315 IT 102) (Karn.) and also other judgements cited (supra), wherein held tha…

M/S Karnataka Emta Coal Mines Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 2137/BANG/2018[2012-13]Status: DisposedITAT Bangalore14 Nov 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

…of 55 (b) Prakash Cotton Mills Pvt. Ltd. v. CIT (1993) 201 TTS 684 (SC). (c) DCIT v. Messee Duysseldorf India (P) Ltd. (2010) 129 TTJ 81 T (Del.). (d) Commissioner of Income-Tax vs Prem Nath Motors (Pvt.) Ltd. on 5 September. 2001 Equivalent citations: 2002 253 ITR 705 Delhi Findings: 19. We have heard the rival submissions and perused the materials available on record. After hearing both the parties, we are of the opinion that this issue is squarely covered by earlier decision in the case of CIT Vs. Oriental Insurance Company Ltd. (315 IT 102) (Karn.) and also other judgements cited (supra), wherein held tha…

M/S Karnataka Emta Coal Mines Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 2136/BANG/2018[2011-12]Status: DisposedITAT Bangalore14 Nov 2022AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

…of 55 (b) Prakash Cotton Mills Pvt. Ltd. v. CIT (1993) 201 TTS 684 (SC). (c) DCIT v. Messee Duysseldorf India (P) Ltd. (2010) 129 TTJ 81 T (Del.). (d) Commissioner of Income-Tax vs Prem Nath Motors (Pvt.) Ltd. on 5 September. 2001 Equivalent citations: 2002 253 ITR 705 Delhi Findings: 19. We have heard the rival submissions and perused the materials available on record. After hearing both the parties, we are of the opinion that this issue is squarely covered by earlier decision in the case of CIT Vs. Oriental Insurance Company Ltd. (315 IT 102) (Karn.) and also other judgements cited (supra), wherein held tha…

M/S Karnataka Emta Coal Mines Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result, assessee’s appeals are partly allowed for statistical purposes

ITA 2135/BANG/2018[2010-11]Status: DisposedITAT Bangalore14 Nov 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri Gudimella V.P. Pavan Kumar &
Section 32(1)(ii)Section 35ESection 37

…of 55 (b) Prakash Cotton Mills Pvt. Ltd. v. CIT (1993) 201 TTS 684 (SC). (c) DCIT v. Messee Duysseldorf India (P) Ltd. (2010) 129 TTJ 81 T (Del.). (d) Commissioner of Income-Tax vs Prem Nath Motors (Pvt.) Ltd. on 5 September. 2001 Equivalent citations: 2002 253 ITR 705 Delhi Findings: 19. We have heard the rival submissions and perused the materials available on record. After hearing both the parties, we are of the opinion that this issue is squarely covered by earlier decision in the case of CIT Vs. Oriental Insurance Company Ltd. (315 IT 102) (Karn.) and also other judgements cited (supra), wherein held tha…

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)

…ad paid tax on such interest) did not dilute the requirements for the non-compliance of which interest is levied under section 201(1 A).” 8 ITA.No.6802/Del./2014 D.D. Township Ltd., New Delhi. 5.3. In the case of CIT vs. Prem Nath Motors (Pvt.) Ltd., (2002) 253 ITR 705 (Del.) (HC), the Hon’ble Delhi High Court held as under: “During the assessment proceedings for the assessment years 1967-68 to 1971-72, the Assessing Officer noted that the assessee had not properly deducted tax at source as required to be done under section 192 of the Act and the same had not been deposited with the Government. He noticed tha…

Manager Union Bank of India Loharu Road Bhiwani, Rohtak vs. ITO (TDS), Hisar

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1940/DEL/2015[2013-14 (F.Y.- 2012-13)]Status: DisposedITAT Delhi30 Nov 2017

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 1936/Del/2015 : Asstt. Year : 2009-10

For Appellant: Sh. Shiv Raj Kumar Batra, AdvFor Respondent: Sh. Shiv Raj Singh, Sr. DR
Section 11(3)Section 139Section 194ASection 201Section 201(1)

…t dilute the requirements for the non compliance of which interest is levied u/s 201(1A) of the Act, therefore, the interest charged u/s 201(1A) by the ITO(TDS) was justified. A reference was made to the following case laws: " CIT Vs Prem Nath Motors (P) Ltd. 253 ITR 705 (Del.) " Allied Motors 224 ITR 677 (SC) " Alom Extrusions 319 ITR 306 (SC) " Jubilee Investments & Industries Ltd. Vs ACIT 238 ITR 648 (Cal.) 8. Now the assessee is in appeal. The ld. Counsel for the assessee reiterated the submission made before the authorities below and further submitted that the income of the deductee was totally exempt and no…

Manager Union Bank of India Loharu Road Bhiwani, Rohtak vs. ITO (TDS), Hisar

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1939/DEL/2015[2012-13 (F.Y. 2011-12)]Status: DisposedITAT Delhi30 Nov 2017

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 1936/Del/2015 : Asstt. Year : 2009-10

For Appellant: Sh. Shiv Raj Kumar Batra, AdvFor Respondent: Sh. Shiv Raj Singh, Sr. DR
Section 11(3)Section 139Section 194ASection 201Section 201(1)

…t dilute the requirements for the non compliance of which interest is levied u/s 201(1A) of the Act, therefore, the interest charged u/s 201(1A) by the ITO(TDS) was justified. A reference was made to the following case laws: " CIT Vs Prem Nath Motors (P) Ltd. 253 ITR 705 (Del.) " Allied Motors 224 ITR 677 (SC) " Alom Extrusions 319 ITR 306 (SC) " Jubilee Investments & Industries Ltd. Vs ACIT 238 ITR 648 (Cal.) 8. Now the assessee is in appeal. The ld. Counsel for the assessee reiterated the submission made before the authorities below and further submitted that the income of the deductee was totally exempt and no…

Manager Union Bank of India Loharu Road Bhiwani, Rohtak vs. ITO (TDS), Hisar

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1938/DEL/2015[2011-12 (F.Y. 2010-11)]Status: DisposedITAT Delhi30 Nov 2017

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 1936/Del/2015 : Asstt. Year : 2009-10

For Appellant: Sh. Shiv Raj Kumar Batra, AdvFor Respondent: Sh. Shiv Raj Singh, Sr. DR
Section 11(3)Section 139Section 194ASection 201Section 201(1)

…t dilute the requirements for the non compliance of which interest is levied u/s 201(1A) of the Act, therefore, the interest charged u/s 201(1A) by the ITO(TDS) was justified. A reference was made to the following case laws: " CIT Vs Prem Nath Motors (P) Ltd. 253 ITR 705 (Del.) " Allied Motors 224 ITR 677 (SC) " Alom Extrusions 319 ITR 306 (SC) " Jubilee Investments & Industries Ltd. Vs ACIT 238 ITR 648 (Cal.) 8. Now the assessee is in appeal. The ld. Counsel for the assessee reiterated the submission made before the authorities below and further submitted that the income of the deductee was totally exempt and no…

Manager Union Bank of India Loharu Road Bhiwani, Rohtak vs. ITO (TDS), Hisar

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1937/DEL/2015[2010-11 (F.Y. 2009-10)]Status: DisposedITAT Delhi30 Nov 2017

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 1936/Del/2015 : Asstt. Year : 2009-10

For Appellant: Sh. Shiv Raj Kumar Batra, AdvFor Respondent: Sh. Shiv Raj Singh, Sr. DR
Section 11(3)Section 139Section 194ASection 201Section 201(1)

…t dilute the requirements for the non compliance of which interest is levied u/s 201(1A) of the Act, therefore, the interest charged u/s 201(1A) by the ITO(TDS) was justified. A reference was made to the following case laws: " CIT Vs Prem Nath Motors (P) Ltd. 253 ITR 705 (Del.) " Allied Motors 224 ITR 677 (SC) " Alom Extrusions 319 ITR 306 (SC) " Jubilee Investments & Industries Ltd. Vs ACIT 238 ITR 648 (Cal.) 8. Now the assessee is in appeal. The ld. Counsel for the assessee reiterated the submission made before the authorities below and further submitted that the income of the deductee was totally exempt and no…

Manager Union Bank of India Loharu Road Bhiwani, Rohtak vs. ITO (TDS), Hisar

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1936/DEL/2015[2009-10 (F.Y. 2008-09)]Status: DisposedITAT Delhi30 Nov 2017

Bench: Sh. N. K. Saini, Am & Ms. Suchitra Kamble, Jm Ita No. 1936/Del/2015 : Asstt. Year : 2009-10

For Appellant: Sh. Shiv Raj Kumar Batra, AdvFor Respondent: Sh. Shiv Raj Singh, Sr. DR
Section 11(3)Section 139Section 194ASection 201Section 201(1)

…t dilute the requirements for the non compliance of which interest is levied u/s 201(1A) of the Act, therefore, the interest charged u/s 201(1A) by the ITO(TDS) was justified. A reference was made to the following case laws: " CIT Vs Prem Nath Motors (P) Ltd. 253 ITR 705 (Del.) " Allied Motors 224 ITR 677 (SC) " Alom Extrusions 319 ITR 306 (SC) " Jubilee Investments & Industries Ltd. Vs ACIT 238 ITR 648 (Cal.) 8. Now the assessee is in appeal. The ld. Counsel for the assessee reiterated the submission made before the authorities below and further submitted that the income of the deductee was totally exempt and no…

Senior Post Master, Meerut vs. ITO (TDS), Meerut

In the result, the appeal (ITA No

ITA 1472/DEL/2015[2002-03]Status: DisposedITAT Delhi15 Mar 2016AY 2002-03

Bench: : Shri.I.C. Sudhir & Shri Prashant Maharishisenior Post Master, Ito(Tds), C/O. Vinod Kumar Goel, Meerut Vs. 282, Boundary Road, Civil Lines, Meerut (Appellant) (Respondent)

For Appellant: Sh. V.K. Goyal, AdvFor Respondent: Sh. Bharat Bhushan Garg, Sr. DR
Section 194HSection 201Section 201(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, NEW DELHI (CIRCUIT BENCH AT MEERUT) BEFORE : SHRI.I.C. SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Senior Post Master, ITO(TDS), C/o. Vinod Kumar Goel, Meerut Vs. 282, Boundary Road, Civil Lines, Meerut (Appellant) (Respondent) Date of hearing 18/12/2015 Date of pronouncement 15 /03/2016 Assessee by: Sh. V.K. Goyal, Adv Revenue by: Sh. Bharat Bhushan Garg, Sr. DR O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is preferred by the assessee against the order dated 13.02.2015 of ld CIT(A)- Meerut for the Assessment Year 2002-…

CIT v. Prem Nath Motors (P) Ltd. (253 ITR 705) — Cited in 12 Judgments | BharatTax