Case Law Details
Amadeus IT Group SA Vs DCIT (ITAT Delhi)
AR for the taxpayer contended that in the absence of any liability for payment of advance tax since tax is deductible at source on the income of the taxpayer held liable to tax in India, the levy of interest u/s 234B is not warranted.
Provisions contained below section 209(1)(d) of the Act introduced by Finance Act, 2012 w.e.f 01.04.2012 would apply only in a situation where persons responsible for tax has paid or credited such income without deduction of tax. In the instant case, since the income has been received by the taxpayer after deduction of tax at source, the proviso is not applicable as has been held by the coordinate Bench of the Tribunal in BG International Ltd. vs. DCIT in ITA No.31/DDN/2020 order dated 31.12.2020. Even otherwise, when no addition sustains section 234B would not apply. So, ground no.21 of ITA Nos.2007/Del./2017, 3494/Del./2018, 7970/Del./2018 & 7047/Del./2019 for Assessment Years 2013-14, AY 2014-15, AY 2015-16 & AY 2016-17 respectively is determined in favour of the taxpayer.
FULL TEXT OF THE ITAT JUDGEMENT
Since common questions of facts and law have been raised in the inter-connected appeals, the same are being disposed off by way of consolidated order to avoid repetition of discussion.
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