2017 (5) TMI 1674 - HC - Income Tax

Penalty u/s 271CA - non-collection of tax at source (TCS) u/s 206C - Whether assessee has committed default to collect the tax at source as required the provisions of Section 206C? - HELD THAT - In THE COMMISSIONER OF INCOME TAX (TDS) -I, CHANDIGARH VERSUS M/S PUNJAB INFRASTRUCTURE DEV. BOAR 2017 (5) TMI 1672 - PUNJAB AND HARYANA HIGH COURT As noticed that the revenue had filed the appeal against the pronouncements decision 2016 (12) TMI 1534 - PUNJAB AND HARYANA HIGH COURT under Section 260A order was set aside and the matter was remanded back to the Tribunal for fresh decision. Accordingly, learned counsel for the revenue has stated that the order passed in the present appeals be also set aside and the matter be remanded to the Tribunal for fresh decision. Present appeals deserve to be allowed as the Tribunal had adjudicated the appeal by relying upon its earlier decision as cited in para 3 above. Accordingly, the impugned orderspassed by the Tribunal in each case are set aside and the matters are remanded to the Tribunal for fresh decision after affording an opportunity of hearing to the parties in accordance with law.

Summary

The High Court of Punjab and Haryana issued an order in ITA No.65 of 2016 between The Commissioner of Income Tax (TDS)-I, Chandigarh and M/s Punjab Infrastructure Dev. Board. Justices Ajay Kumar Mittal and Harinder Singh Sidhu presided over the case. Appellant represented by Mr. Denesh Goyal, Sr. Standing Counsel, and Respondent by Mr. Deepak Aggarwal, Advocate.