ITO (TDS) ALWAR, ALWAR vs. SHRI BABA MOHAN RAMJI KALIKHOLI WALAMILKPUR GURJAR, ALWAR
9. In view of the above discussion, all the appeals filed by the department deserve to be dismissed
ITA 746/JPR/2025[2019-20]Status: DisposedITAT Jaipur02 Sept 2025AY 2019-20
Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)
For Appellant: Shri P.C. Parwal, C.AFor Respondent: Shri Gautam Singh Choudhary, Addl. CIT
Section 194CSection 201(1)Section 38
…has paid such tax and that too at the time when it had become due, it would not be proper on the part of the revenue to levy any interest u/s 201(1A) as the amount which was payable to the revenue had been duly paid. Solar Automobile India Pvt. Ltd. Vs. DCTT 64 DTR 34 (Kar.) In this case Hon'ble Court at Para 9 of the order held as under- "In so far as payment of interest u/s 1944 (sic-201(1A) is concerned, the interest is payable for the period it is not paid after deduction. The principal liability of paying tax is that of the creditor and a statutory duty is cast on the debtor to deduct tax on the income of…