1. LSG
Sky Chef (India) (P.) Ltd. Vs. Deputy Commissioner of Income Tax, ITA
No. 4828 (MUM.) of 2012, Date of Order: 27.03.2014, ITAT-Mumbai
TDS Certificate to be considered while allowing credit over form 26AS in case of variation between two.
The assessee,
by furnishing the TDS certificate/s bearing the full details of the tax
deducted at source, credit for which is being claimed, has discharged
the primary onus on it toward claiming credit in its respect. He,
accordingly, cannot be burdened any further in the matter. The revenue
is fully entitled to conduct proper verification in the matter and
satisfy itself with regard to the veracity of the assessee’s claim/s,
but cannot deny the assessee credit in respect of TDS without specifying
any infirmity in its claim/s. Form 26AS is a statement generated at the
end of the revenue, and the assessee cannot be in any manner held
responsible for any discrepancy therein or for the non-matching of TDS
reflected therein with the assessee’s claim/s. Where so, no doubt a
matter of concern, is one which is to be investigated and pursued by the
revenue, which is suitably armed by law therefor.
The plea that
the deductor may have specified a wrong TAN, so that the TDS may stand
reflected in the account of another deductee, is no reason or ground for
not allowing credit for the TDS in the hands of the proper deductee.
The onus for the purpose lies squarely at the door of the revenue.
(Please click here for judgment)
2. Ginni Filaments Ltd. Vs. Commissioner of Income Tax, ITA No. 178 of 2006, Date of Order: 21.10.2013, Allahabad High Court
Companies attracting MAT to pay interest U/s 234B and 234C upon default in payment of advance tax.
Judgment of
Supreme Court in Jt. CIT v. Rolta India Ltd. [2011] 330 ITR 470 relied
duly stating that S. 115JB is a self-contained code pertaining to MAT,
which imposed liability for payment of advance tax on MAT companies and,
therefore, where such companies defaulted in payment of advance tax in
respect of tax payable under Section 115JB, it was liable to pay
interest under Sections 234B and 234C of the Act.
Thus, it can
be concluded that interest under Sections 234B and 234C shall be payable
on failure to pay advance tax in respect of tax payable under Section
115JA/115JB. For the aforestated reasons, Circular No. 13/2001 dated
9.11.2001 issued by CBDT reported in 252 ITR(St.)50 has no application.
Moreover, in any event, para 2 of that Circular itself indicates that a
large number of companies liable to be taxed under MAT provisions of
Section 115JB were not making advance tax payments. In the said
circular, it has been clarified that Section 115JB is a self-contained
code and thus, all companies were liable for payment of advance tax
under Section 115JB and consequently provisions of Sections 234B and
234C imposing interest on default in payment of advance tax were also
applicable.
(Please click here for judgment)
New User? 
Subscribe Now