XCELLON EDUCATION LIMITED,,AHMEDABAD vs. ADDL. CIT, TDS,, AHMEDABAD
The appeal of the assessee is allowed
ITA 2681/AHD/2017[2016-2017]Status: DisposedITAT Ahmedabad07 Mar 2025AY 2016-2017
Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal
Section 133ASection 201Section 201(1)Section 250(6)Section 271CSection 272A(2)(g)
…case of "U. S. Technologies vs. CIT -ITA 3 of2009" - reported at (2010) 195 Taxman 323 (Kerala). > The said decision of Hon'ble Kerala High Court has been reversed by Hon'ble Apex Court vide decision in the case of "U S Technologies P. Ltd, vs. CIT — (2023) 453 ITR 644 (SC)" > Thus, the very basis for levying penalty in question does not survive any further. On this short count, the penalty in question deserves to be deleted. “There is “no loss to the revenue” since the “amount of TDS” has been deposited with the Govt. with “interest”. > Assessee has deposited amount of TDS along with interest. Thus, assess…