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TDS provisions not applicable to late fee and service tax
Case Law Details
- Case Name
- Prithvi Outdoor Publicity LLP Vs CIT(A)-5 (ITAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All ITAT, ITAT Ahmedabad
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Prithvi Outdoor Publicity LLP Vs CIT(A) (ITAT Ahmedabad)
The ld Counsel submitted that assessee had paid Rs.2,27,56,222/-to APSRTC and out of this, the TDS on payment of Rs.2,17,08,097/- was deducted and balance amount of Rs.10,48,125/- (Rs.2,27,56,222-Rs.2,17,08,097) was adjusted by APSRTC towards recovery of late payment charges, service tax etc. and therefore assessee did not deduct TDS on the same, being penal in nature. Apart from this, ld Counsel also submitted that payee has included the sum of Rs.10,48,125/- in its income and offered for tax. Since, the said amount pertains to late fee...
