BASHCO ENGINEERING PVT.LTD,,SANGLI vs. INCOME-TAX OFFICER, (TDS),, KOLHAPUR

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.894/Pun/2019 िनधा"रण वष" / Assessment Year: 2008-09 Bashco Engineering Pvt. Vs. Ito (Tds), Kolhapur. Ltd., Plot No. E-19, Midc Kupwad, Sangli- 416436. Pan : Aabcb1679A Appellant Respondent Assessee By : None Revenue By : Shri S. P. Walimbe Date Of Hearing : 19.05.2022 Date Of Pronouncement : 20.05.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 1, Kolhapur [‘The Cit(A)’] Dated 04.04.2019 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A) Has Erred In Confirming Interest Liability U/S 206C(7) Of Rs. 28127/-. 2. The Learned Cit(A) Has Failed To Appreciate The Fact That When The Tcs Demand Is Nullified In Favour Of Assessee, Interest Liability On The Same Under 206C(7) Does Not Arises. 3. The Interest Demand Raised May Please Be Deleted.

TDS Officer by holding that the assessee had failed to deliver the copy of the declaration received in Form No.27C received from Commissioner of Income Tax, Kolhapur held that the assessee is in default and passed an order directing the assessee to pay a sum of Rs.67,160/- and interest thereon of Rs.28,127/- invoking the provisions of section