Case Law Details
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 and service tax, therefore the provisions of TDS does not apply to the late fee and service tax, hence we delete the addition of Rs.10,48,125/-, made by the Assessing Officer.
FULL TEXT OF THE ORDER OF ITAT AHMEDABAD
Captioned appeal filed by the Assessee, pertaining to Assessment Year (AY) 2013-14, is directed against the order passed by the Learned Commissioner of Income Tax (Appeals)-5, Ahmedabad [in short “the ld.CIT(A)”]in Appeal No. CIT(A)-5/DCIT Cir.5(2)/10603/2018-19dated 20.05.2019, which in turn arises out of an assessment order passed by Assessing Officer under section 143(3) r.w.s. 263of the Income Tax Act, 1961 [hereinafter referred to as the “Act”], dated 26.12.2018.
2. The grounds of appeal raised by the assessee are as follows:
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