M/S SOUL SPACE PROJECTS LTD.,,NEW DELHI vs. DCIT (TDS), NEW DELHI
In the result, the appeal filed by the assessee is allowed
ITA 1084/DEL/2017[2012-13]Status: DisposedITAT Delhi23 Dec 2022AY 2012-13
Bench: Shri Shamim Yahya & Shri C.M. Gargassessment Year: 2012-13 Soul Space Projects Ltd., Vs. Dcit (Tds), No.409, 4Th Floor, Dlf Tower-A, Circle-51 (1), Jasola, New Delhi. New Delhi. Pan: Aajcs7736F (Appellant) (Respondent) Assessee By : Shri Rohit Jain & Shri Deepesh Garg, Advocates; & Shri Shaurya Jain, Ca Revenue By : Shri Abhishek Kumar, Sr. Dr Date Of Hearing : 01.12.2022 Date Of Pronouncement : 23.12.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.12.2016 Of The Cit(A)-41, New Delhi, Relating To Assessment Year 2012-13. 2. The Grounds Of Appeal Raised By The Assessee Read As Under:- “1. That On Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Holding The Assessee In Default U/S 201(1) Of The Act In Respect Of Tds Liability Of Rs.2,01,30,477/-. 2. That On Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Holding That The Appellant Is Liable To Pay Interest Of Rs.48,31,315/- U/S 201(1A) Of The Income-Tax Act, 1961 On The Aforesaid Tds Liability Of Rs.2,01,30,477/-. 3. The Appellant Reserves Their Right Without Prejudice To Add, Delete, Alter Modify Or Otherwise Present Any Grounds Of Appeal Either Before Or At The Time Of Hearing.”
For Appellant: Shri Rohit Jain &For Respondent: Shri Abhishek Kumar, Sr. DR
Section 191Section 194Section 194ASection 201Section 201(1)
…ein it was held that since the payee had filed return and offered the sum received from the assessee to tax, impugned disallowance made under section 40(a)(ia) of the Act deserves to be deleted. Further, in the case of CIT vs. Adidas India Marketing (P) Ltd., 288 ITR 379 (Del), the Hon’ble jurisdictional High Court held that the interest u/s 201(1A) of the Act has to be charged from the date on which such tax was deductible to the date on which such tax is actually paid by the deductee and, no interest beyond the date of actual payment of tax can be claimed by the Department. In view of the above, we have no hesi…
