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Short Deduction of TDS – Assessee cannot be treated in default if acted in bonafide manner
Case Law Details
- Case Name
- ACIT Vs Hughes Software Systems Ltd. (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2004- 05
- Courts
- All ITAT, ITAT Delhi
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Taking into consideration, the principle laid down consistently by the Jurisdictional High Court as considered in the case of Nestle India Ltd (cited supra), Delhi Public School (cited supra) and Maruti Udyog Ltd.(cited supra), we are of the view that in the facts of the case before us where no case has been made out by the Revenue to show that the assessee has acted dishonestly and/or in a mala fide manner.
The impugned order deserves to be upheld. The fact that there is a short deduction of tax in the present case where it was linked with the performance incentive paid to th...







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