Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT

Smt. Rashmi Pahariya, Jabalpur vs. Pr.Commissioner of Income Tax-1, Jabalpur

In the result, the assessee‟s appeal is dismissed

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…order, being not challenged, has since attained finality and, therefore, cannot be agitated in the instant, collateral proceedings (refer: CIT v. Mtt. Ar. S. Ar. Arunachalam Chettiar [1953] 23 ITR 180 (SC); Hindustan Coca Cola Beverage (P.) Ltd. v. CIT [2007] 293 ITR 226 (SC); CIT vs. D & H Secheron Electrodes Ltd. [2008] 301 ITR 20 (MP)). In fact, there is nothing on record to substantiate what is being stated by Shri Sharma. The argument, thus, is no more than a bogey. In fact, lack of application of mind, which vitiates a judicial action, includes an approval u/s. 151, is a matter of fact, to be discerned on t…

M/S Dempo Resorts Private Limited, Panaji vs. The Assistant Commissioner of Income Tax, Circle - 2, Margao

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2012-13 M/S. Dempo Resorts Acit, Circle-2, Margao Private Limited Empressa Dempo, Mala Vs. Fontainhas, Panaji, Goa – 403 001. Pan: Aaccd 2126 R (Appellant) (Respondent) Present For: Appellant By : Shri Rajesh Naik, Accountant Respondent By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 13.06.2022 Date Of Pronouncement : 15.06.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Ld. Cit(A) – 2, Panaji In Ita No. 390/Cit(A)/Pnj-1/2014-15 Re-Numbered As Ita No. 342/Cit(A)-2/Pnj/2017-18 Dated 23.01.2018 Against The Order Passed By Acit, Circle-1(1), Panaji U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 29.12.2014. 2. The Grounds Taken By The Assessee In The Present Appeal Are Reproduced As Under:

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘PANAJI’ BENCH, PANAJI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2012-13 M/S. DEMPO RESORTS ACIT, CIRCLE-2, Margao PRIVATE LIMITED Empressa Dempo, Mala Vs. Fontainhas, Panaji, Goa – 403 001. PAN: AACCD 2126 R (Appellant) (Respondent) Present for: Appellant by : Shri Rajesh Naik, Accountant Respondent by : Shri Mayur Kamble, Sr. DR Date of Hearing : 13.06.2022 Date of Pronouncement : 15.06.2022 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal by the assessee is arising out of the order of Ld. CIT(A…

Income Tax Officer, Ward-3, Akola vs. M/S Ramdevbaba Charitable Society, Akola

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Vikram Singh Yadav & Shri Yogesh Kumar U.S

…IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER ITA Nos.394 & 395/Nag./2017 (Assessment Years: 2011–12 & 2012–13) ITO,Ward–3 Aaykar bhavan, Murtizapur Road …………… Appellant Akola–44 001 v/s Ramdevbaba charitable Society S–21, Ganga Nagar, Washim Byepass Akola–444 002 ..…….………. Respondent PAN No: AACTS5406L Assessee by : Shri K.P Dewani, Advocate Revenue by : Shri Rajeev Benjwal, CIT Date of Hearing – 09.06.2022 Date of Order – 09 .06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. These are two appeals f…

M.P. State Civil Supplies Corp. Ltd vs. Income Tax Officer(TDS)-1

In the result, the assessee‟s appeals are dismissed

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…contract agreements the assessee follows mercantile system of accounting. All these facts make it crystal clear that such a hybrid system of accounting leads to a confused states of affairs. The reliance of the assessee on the judgment of Hindustan Coca Cola 293 ITR 226 (SC) is completely misplaced because that judgment is about payment of taxes by the deductees and consequentially no amount being recoverable from the deductor. In the instant case there is claim of exemption on behalf of the deductees which is completely unsustainable in law and facts. There is this further aspect of not following the procedure…

M.P. State Civil Supplies Corp. Ltd vs. Income Tax Officer(TDS)-1

In the result, the assessee‟s appeals are dismissed

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…contract agreements the assessee follows mercantile system of accounting. All these facts make it crystal clear that such a hybrid system of accounting leads to a confused states of affairs. The reliance of the assessee on the judgment of Hindustan Coca Cola 293 ITR 226 (SC) is completely misplaced because that judgment is about payment of taxes by the deductees and consequentially no amount being recoverable from the deductor. In the instant case there is claim of exemption on behalf of the deductees which is completely unsustainable in law and facts. There is this further aspect of not following the procedure…

M.P. State Civil Supplies Corp. Ltd vs. Income Tax Officer(TDS)-1

In the result, the assessee‟s appeals are dismissed

Bench: Shri Sanjay Arora, Hon‟Ble & Shri Manomohan Das, Hon'Ble

…contract agreements the assessee follows mercantile system of accounting. All these facts make it crystal clear that such a hybrid system of accounting leads to a confused states of affairs. The reliance of the assessee on the judgment of Hindustan Coca Cola 293 ITR 226 (SC) is completely misplaced because that judgment is about payment of taxes by the deductees and consequentially no amount being recoverable from the deductor. In the instant case there is claim of exemption on behalf of the deductees which is completely unsustainable in law and facts. There is this further aspect of not following the procedure…

Manish Jaiswal, Gorakhpur vs. Addl. CIT, (TDS), Allahabad

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2016-17 Mr. Manish Jaiswal, Addl.Cit (Tds), Prop. New Manish Medical V. Allahabad-211001, U.P. Agencies Pashupati Market, Gandhi Park, Gorakhpur, U.P. Pan: Akdpj7675D (Appellant) (Respondent)

…ax invites consequences of tax being not deducted, interest charged on the late deduction or no deduction of the tax and penalty for the failure to deduct the tax. The Hon'ble Supreme Court in the case of Hindustan Coca Cola Beverages Pvt. Ltd. Vs. CIT (2007) 293 ITR 226 (SC) has clarified the above said issue. The apex court held that "Be that as it may, the circular No, 275/201/95- IT(B) dated 29.1.1997 issued by the Central Board of Direct Taxes, in our considered opinion, should put an end to the controversy. The circular declares "no demand visualized under Section 201(1) of the Income- tax Act should be enf…