CIT v. Rathi Gum Industries

213 ITR 98High Court1995#23759 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2023.

Judgments citing CIT v. Rathi Gum Industries

PUNJAB NATIONAL BANK ,JODHPUR vs. ITO, (TDS)(II),, JODHPUR

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

ITA 250/JODH/2018[2009-10]Status: DisposedITAT Jodhpur21 Mar 2023AY 2009-10

Bench: Shri Kul Bharatshri Manish Boradpunjab National Bank, Vs Ito, R.R. Singhvi, Advocate, Tds (Ii), “Rajhans” 1St A Road, Jodhpur (Rajasthan) Sardarpura, Jodhpur (Appellant) (Respondent) Pan No. Jdhpo2161F Assessee By None Revenue By Shri S.M.Joshi, Jcit Dr Date Of Hearing 20/03/2023 Date Of 21/03/2023 Pronouncement

Section 10Section 11Section 194ASection 197ASection 201Section 201(1)Section 271C

…also stands liable to be quash a deleted. However, I am not inclined to accept these arguments of the appellant in the light of decision of the Hon'ble Supreme Court as well as the decision of Hon'ble Rajasthan High Court in CIT v. Rathi Gum Industries (1995) 213 ITR 98. The boards circular no. 275/20/95/IT(B) dated 29.01.1997 declares that no demand visualized u/s 201(1) should be enforced after the tax deductor has satisfied the officer -in- charge of TDS that taxes due has been paid by the deductee assessee. However, this will not alter the liability to charge interest u/s 201(1A) till the date of the payment…

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)

…er section 6 ITA.No.6802/Del./2014 D.D. Township Ltd., New Delhi. 201(1A) of the I.T. Act, 1961, which have been correctly charged by the department. The Ld. D.R. relied upon the following decisions. 5.1. In the case of CIT vs. Rathi Gum Industries (1995) 213 ITR 98 (Raj.), the Hon’ble Rajasthan High Court held as under : “Section 201 of the Income Tax Act, 1961, provides not only for collection of tax which has not been deducted but for levy and charge of interest also. Sub-section (1A) of the said section provides for liability to pay simple interest at the rate of 12 per cent per annum on the amount of ta…

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)

…terest is concerned, that cannot be considered to be non- existent on account of deposit of tax by the recipient at a subsequent or later stage. It was also held by the Hon'ble Rajasthan High Court at page 101 in the case of CIT v. Rathi Gum Industries [1995) 213 ITR 98 that the interest is to compensate the Revenue for the loss, which it had suffered on account of late receipt of the 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. Dhanal…