Case Law Details
High Court Kolkatta held in CIT,TDS Vs Khadim Shoes Pvt Ltd that the order passed by the CIT(A) should contain reasons for its conclusions of decisions. An order without reasons is of no relevance. So the appeal had been dismissed.
Facts of the case:
Assessee was a merchant of footwear made total purchase of Rs 46.30 Crores approx out of which purchase amounting to Rs 7.90 Crores was with the label of “kadim” so according to AO this amount of purchase should come under sec 194C and TDS should be deducted and rest of purchase of Rs 38.39 Crores was without label and should not come under the purview of sec 194C because purchase of goods worth Rs 7.90 Crores would be with specific specifications of the assesse but the rest were not with specific specifications and was simple purchase.
So as per the view of revenue, assesse failed to deduct TDS on above Rs 7.90 Crores so penalty should be levied u/s 201.
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