9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 235 - AT - Income TaxDemand raised u/s. 201(1) - short deduction of TDS on salary paid to Expatriate employees - TDS was deducted after search - Addition on account of perquisites and disallowing the relief u/s. 90 - enhancing the income of the expatriate employees - CIT(A) deleting the demand raised u/s. 201(1) and reducing the interest liability - assessee is a Liaison Office of US Based NGO established in 1943 having its operation in India for many years as an approved agency under the Indo US bilateral agreement - Held that - We find considerable force in the contention of the Ld. Counsel of the assessee. We also find that the Ld. CIT(A) while allowing the claim of the assessee has relied upon the decision of the Hon ble Jurisdictional High Court in the case of CIT vs. Nestle Ltd. (2000 (1) TMI 35 - DELHI High Court) wherein it has been held that the deduction of income tax subject to regular assessment in the hands of the payee / recipients. We see no reason to interfere in the order of the Ld. CIT(A) nor any flaw or infirmity has been pointed out by the Ld. DR so as to take different view in the matter. The order of the Ld. CIT(A) is accordingly upheld. - Decided against revenue.
Issues:
1. Deletion of demand raised u/s. 201(1) and reduction of interest liability. 2. Amendment of Section 201 by Finance Act, 2008 with retrospective effect. 3. Applicability of judicial decisions on the case. 4. Assessment of short deduction of TDS against the assessee. 5. Appeal by Revenue against the order of the Ld. CIT(A). Analysis: 1. The case involved appeals by the Revenue against the order of the Ld. Commissioner of Income Tax (Appeals)-XXX, New Delhi concerning assessment years 2006-07 to 2008-09. The primary issue was the deletion of demand raised u/s. 201(1) and the reduction of interest liability by the Ld. CIT(A) based on judicial decisions, specifically referring to the case of M/s Nestle India Ltd. The Ld. CIT(A) held that the AO was not justified in enhancing the income of expatriate employees by making additions on perquisites and disallowing relief u/s. 90 of the I.T. Act. 2. Another issue raised was the failure of the Ld. CIT(A) to appreciate the amendment of Section 201 by the Finance Act, 2008 with retrospective effect from 1.6.2002. The Revenue contended that the judgment should apply to cases prior to the amendment, indicating a discrepancy in the application of the amended provision. 3. The assessee, a Liaison Office of a US-based NGO, faced charges of short deduction of TDS following a search and seizure operation. The Assessing Officer (TDS) imposed tax and interest against the assessee for the shortfall in TDS for the relevant assessment years. The Ld. CIT(A) partially allowed the appeal of the assessee, leading to the Revenue appealing the decision. 4. The Ld. Counsel of the assessee presented a Paper Book containing assessment records and submissions, supporting the decision of the Ld. CIT(A). The Ld. DR, on the other hand, reiterated the grounds of appeal, emphasizing errors in deleting the demand u/s. 201(1) and reducing interest liability based on judicial precedents. 5. Upon hearing both parties and reviewing the records and precedents, the Tribunal upheld the order of the Ld. CIT(A). The Tribunal found merit in the contention of the Ld. Counsel of the assessee, emphasizing the reliance on judicial decisions such as CIT vs. Nestle Ltd. The Tribunal dismissed all three appeals filed by the Revenue, affirming the decision of the Ld. CIT(A) in favor of the assessee.
|
