9911796707
TMI Blog2011 (3) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... s it was the income in their hands which was taxable - The appeals are dismissed. - 120 of 2006 - - - Dated:- 21-3-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Ms. Urvashi Dhugga, Senior Standing Counsel for the appellant-Revenue. AJAY KUMAR MITTAL, J. This order will dispose of two appeals, i.e. Income Tax Appeal Nos. 120 of 2006 and 192 of 2008, as the same are between the same parties and relate to the same assessment year. Facts have been taken from Income Tax Appeal No. 120 of 2006. 2. This appeal under Section 260A of the Income-Tax Act, 1961 (for short the Act ) has been filed by the Revenue against the order dated 14.6.2005, passed by the Income Tax Appellate Tribunal, New Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T (A) }, was allowed by order dated 28.12.2004 in view of a memorandum dated 4.12.2002 issued by the Director (Budget), Ministry of Finance and Company Affairs. 6. Aggrieved by the order of the CIT(A), the Revenue preferred an appeal before the Tribunal. The appeal was dismissed vide order dated 14.6.2005. 7. We have heard learned counsel for the Revenue and have perused the record. 8. The point for determination in this case is, whether the respondent-assessee was liable to deduct the tax at source on account of payment made to the agents as commission charges. 9. Learned counsel for the Revenue relied upon a communication dated 12.12.2003 from the Government of India, Ministry of Finance, Department of Economics Affairs (Bud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been decided that in accordance with Section 194H of the Income Tax Act, 1961, TDS be deducted from the commission paid to agents in the current financial year. No TDS in the current year be deducted in respect of commission already paid in the previous year. This Ministry may also be informed about the financial implication of non-recovery of TDS for the previous years. It may also be ensured that the rate of TDS to be deducted from the commission bills is in accordance with the provisions of Section 194H of the Income Tax Act. 4.2. A perusal of the above clearly shows that the AO erred in charging tax u/s 201 of the I.T. Act and interest u/s 201(1A) of the I.T. Act after holding that the Senior Post Master, General Post Office, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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