Case Law Details
Brief of the case:
When payee or resident has filed its return of income disclosing the payment received by and in which the income earned by it is embedded and has also paid tax on such income, the Assessee would not be treated as a person in default. Chandigarh Bench of ITAT held in the above in various appeals against Punjab Infratructure & Development Board, Chandigarh. ITAT relied upon the case of Hon’ble Supreme Court in the case of Hindustan Coca Cola Beverage (P) Ltd Vs. CIT in [2007] 293 ITR 226 (SC), wherein the Hon’ble Supreme Court held that where the Payee has already paid tax on the income on which there was a short deduction of tax at source, recovery of tax cannot be made once again from the tax deductor.
Facts of the case:
- During the course of TDS inspection and assessment proceedings u/s 201(1) and 201(1A) the AO noticed that assessee in its receipt and expenditure account for the year ending 31.3.2009 had made expenditure of Rs. 492,68,37,890/- under the head ‘project related expenditure’ to different parties but the assessee had not deducted tax on these payments.
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SIR, DEDUCTEES FILED THERE I.T. RETURN . BUT ITO TDS SURVEY OFFICE AND CEASES BANK ACCOUNT FOR NON DEDUCTION OF TDS U/S 194J AND 194C. APPEAL TIME IS EXPIRED. HOW CAN I PROCEED MY CASE BEFORE AUTHORITIES.