GULMARG DEVLOPMENT AUTHORITY,BARAMULA vs. INCOME TAX OFFICER ( TDS), SRINAGAR

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Charitable Trust v. Dy CIT [Writ Petition No. 618 of 2015, dated 12-12-2017]. However, the Ld. CIT(A) relying on the decision of the Hon'ble Gujarat High Court in Rajesh Kourani (supra) which is revenue favouring held that section 234E of the Act was a charging provision creating a charge for the levy of fees for default

M/S. IQBAL MEMORIAL TRUST ,SRINAGAR vs. INCOME TAX OFFICER ( TDS), SRINAGAR

In the result, the appeal filed by the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

charitable society registration u/s 12A of the Income Tax Act where the ld. AO has levied late fee of Rs.12,595/- for filing of TDS return late in respect of financial year 2012-13 under consideration. The counsel explained that the AO has stated in his order passed u/s 154 that is not empowered to determine the similarity of facts