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TMI Blog2015 (6) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... pass the order. It is well settled that the order need not be an order of civil court alone, it can be of any other statutory authority [C.G. Ghanshamdas v. Collector of Madras, [1986 (9) TMI 409 - Supreme Court Of India]. The term ‘order’ has not been defined under the provisions of Income-tax Act, 1961. It is judicially understood that the word ‘order’ as a noun, has been held equivalent to or synonymous with ‘decision’. Therefore, having held that the Commissioner of Income Tax (Appeals) has passed the order under Section 250 of the Act, in our considered opinion, the appeal is clearly maintainable under clause (a) of sub-section (1) of Section 253 of the Act. The appellant organization is only acting as custodian of employees’ funds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee in default for not deducting the tax at source on payments made on account of settlement on withdrawal accumulated balance under Rule 9, 10 of part A of Schedule IV of the I.T. Act, 1961. The assessee is held to be in default u/s 201(1) of the I.T. Act, 1961 and the total liability u/s 201(1) is ₹ 337,009,802/-, ₹ 208,717,439/- and ₹ 78,135,967/- in respect of F.Y. 2010-11, 2001-12 and 2012-13, relevant to Assessment Years 2011-12, 2012-13 and 2013-14 respectively. Further, the liability of interest u/s 201(1A) is worked out to ₹ 145,225,049/-, ₹ 66,062,332/- and ₹ 15,636,476 on the above mentioned amounts of Income Tax in respect of F.Y. 2010-11, 2011-12 and 2012-13, relevant to the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4, section 250, section 271, section 271A or section 272A ; or (b) an order passed by an Assessing Officer under clause (c) of section 158BC, in respect of search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A, after the 30th day of June, 1995, but before the 1st day of January, 1997 ; or [(ba) an order passed by an Assessing Officer under sub-section (1) of section 115VZC.] (c) [an order passed by a Commissioner [under section 12AA or under clause (vi) of sub-section (5) of section 80G] or under section 263 [or under section 271]] or under section 272A or an order passed by him under section 154 amending his order under section 263 or an order passed by a Chief Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heshwari Agro Industries Vs. Union of India Ors, (2012) 246 CTR 113 (Raj.) 3. Prem Prakash Tripathi Vs. Commissioner of Income Tax Ors, (1994) 208 ITR 461 (All) : (1994) 121 CTR (All) 77; 4. Smita Agrawal (HUF) Vs. Commissioner of Income-tax , (2009) 26 DTR (All) 333: (2010) 230 CTR (All) 173: (2010) 321 ITR 491 (All); 5. Valvoline Cummins Ltd. Vs. Deputy Commissioner of Income-tax Ors., (2008) 217 CTR (Del) 292: (2008) 8 DTR (Del) 145: (2008) 307 ITR 103 (Delhi); 6. Maharana Shri Bhagwat Singhji of Mewar (Late His Highness) Vs. Income-Tax Appellate Tribunal, Jaipur Bench, Jaipur , (1996) 133 CTR (Raj.) 97: (1997) 223 ITR 192 (Raj.). 7. Therefore, now the law is well settled that the first appellate authority i.e. Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e stay is not granted, the interest of several employees shall be adversely affected. 10. On the other hand, learned Department Representation vehemently opposed the stay and submitted that the assessee should approach the Assessing Officer for stay. 11. After considering the rival submission, we are of the view that the appellant organization is only acting as custodian of employees funds and on mere perusal of IVth Schedule of the Act, it seems that the provision of IVth Schedule may not be applicable to the Provident Fund Organization which are set up under the Provident Fund Act. Admittedly, the assessee organization is set up under the provisions of Provident Fund Act. Therefore, the order passed by Dy. Commissioner of Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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