ITO, NEW DELHI vs. M/S. CANTABIL RETAIL INDIA LTD., NEW DELHI
In the result, C.O. preferred by the assessee is allowed for statistical purpose and the department’s appeal is dismissed as being infructuous
ITA 821/DEL/2012[2009-10 (F.Y. 2008-09)]Status: DisposedITAT Delhi20 Sept 2016
Bench: Shri S.V. Mehrotra : & Ms. Suchitra Kamble :Asstt. Yr: 2009-10 Income-Tax Officer, Vs. Catabil Retail India Ltd., Ward 49(3), New Delhi. B-47, Ist Floor, Lawrence Road Industrial Area, New Delhi. Pan: Aaack 3901 B C.O. No. 88/Del/2013 ( In Ita No. 821/Del/2012) Asstt. Yr: 2009-10 Catabil Retail India Ltd., Vs. Income-Tax Officer, B-47, Ist Floor, Lawrence Road Ward 49(3), New Delhi. Industrial Area, New Delhi. (Appellant) ( Respondent) Department By : Shri Anil Kumar Sharma Sr. Dr Assessee By : Shri Salil Kapoor Adv.
For Appellant: Shri Salil Kapoor AdvFor Respondent: Shri Anil Kumar Sharma Sr. DR
Section 133ASection 194HSection 201
Section 201 (1) r.w.s. 191 of the IT Act as there is no finding by the AO 1
TDS officer as to failure of deductees asessees to pay the tax liability.
2. That without prejudice. the AO has in view of the facts and circumstances of the case, erred in law and on facts in treating the assessee as "Assessee