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TMI Blog2015 (1) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... ought exemption from tax, which itself would show that it could not have been the revisionist’s understanding that it still stood exempted from the obligation to follow the provisions of Section 35 and deduct tax as provided therein - the revisionist has been granted considerable relief in the matter of quantum by the Tribunal – as such no substantial question of law arises for consideration - Decided against revisionist. - CLMA Delay Condonation Application No.14064 of 2014, Trade Tax Revision No.1 of 2014, CLMA Delay Condonation Application No.14068 of 2014, Trade Tax Revision No.2 of 2014, CLMA Delay Condonation Application No.14072 of 2014, Trade Tax Revision No.3 - - - Dated:- 9-12-2014 - K. M. Joseph, CJ And V. K. Bist,JJ. Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Article 366 of the Constitution followed by the provisions contained in the Tax Act. The controversy relates to the liability of the revisionist to deduct tax at source at the rate of 4%. Revisionist did not deduct tax at 4%. Consequently, proceedings were taken to impose penalty on the revisionist. Penalty came to be imposed by the officer at twice the amounts. In Appeals carried by the revisionist, the First Appellate Authority upheld the decision to impose the penalty but reduced the quantum from twice the amount to an amount equal to the amount, which should have been deducted. The said decision of the First Appellate Authority was challenged before the Tribunal both by the revisionist as also the State. It is by the common impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a company, whether incorporated or not, the person responsible for making such payment to the lessor (who is transferring the right to use any goods) for discharge of liabilities under such agreement, shall at the time of making such payment to the lessor, either in cash or by credit or any other manner, deduct an amount at the rate of four percent of such sum towards part or, as the case may be, full satisfaction of the tax payable under this Act on account of such transfer of right to use any goods: Provided that the Assessing Authority may, if satisfied that it is expedient in the public interest so to do and for reasons to be recorded in writing, order that in any case or class of cases no such deduction shall be made or, as the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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