Case Law Details
Case Name : The Income Tax Officer (TDS) Vs M/s Beacon Projects P Ltd (ITAT Cochin)
Appeal Number : ITA Nos. 754 & 755/Coch/2013
Date of Judgement/Order : 08/08/2014
Related Assessment Year : 2012-13 & 13-14
Courts :
All ITAT ITAT Cochin
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CA Sandeep Kanoi
Facts of the case-
There was a non-deduction of tax from payments made to certain customers debited in direct expenses under the head “excess payment refund” which was treated as indirect expen
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above ITAT judgement is already set aside by Kerala High court (IT APPEAL NOS. 258 & 259 OF 2014 on order dated 23-06-15) and held that additional amount Paid to purchaser on cancellation of flat is not interest under section 2(28A) hence No TDS u/s 194A.
Sir, is any SLP filed by the assessee against this order with the High Court? Interest per se has to be a fixed rate on the principal, how can this cancellation premium partake the character of interest. In my view it should be capital receipt. Is there any judgement stating such?