The Assistant Excise & Taxation Commissioner, Shimla vs. Addl. CIT, Range, Shimla
In the result, all four appeals filed by the assessee are allowed
ITA 906/CHANDI/2019[2008-09]Status: DisposedITAT Chandigarh06 Dec 2022AY 2008-09
Bench: Smt. Diva Singh & Shri Vikram Singh Yadavआयकरअपीलसं./Ita No.903 /Chd/2019 "नधा"रण वष" / Assessment Year :2007-08 The Assistant Excise & बनाम The Additional Cit, Taxation Commissioner, Tds Range, Nahan Shimla "थायीलेखासं./Pan/Tan No: Ptla12468B अपीलाथ"/Appellant ""यथ"/Respondent
For Appellant: Sh.Harry Rikhy, AdvocateFor Respondent: Smt. AmanpreetKaur, Sr. DR
Section 133ASection 206Section 206CSection 271C
…espondent in each case has discharged its burden of showing reasonable cause for failure to deduct tax at source.// 5.2. Further, reference was drawn to the Coordinate Bench decision in the case of Punjab State Electricity Board Vs. ITO (Chandigarh Bench – 88 TTJ 450) where at para 23, it was held as under:- “23. The learned CIT(A) while cancelling penalty under s. 271C has held that the assessee bona fidely believed that it was not liable to deduct surcharge from the interest paid on Bonds. It has further been held that the assessee could have derived no benefit by not deducting surcharge at source as the am…