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TMI Blog2013 (7) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... eals by the Revenue are directed against the common order passed by the Ld. CIT(A), Shimla dated 14/12/2012 2. In both the appeals by the Revenue, identical grounds have been raised which are as under:- 1. That the Ld. CIT(A) has erred in law in deleting the demand of ₹ 15,43,911/- for the financial year 2008-09 created u/s 201(1) / 201(1 A) of the Income Tax Act, 1961 treating the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Ld. CIT(A) is self contradictory as far as the TDS is concerned. 3. That the Ld. CIT(A) has erred in holding that the interest income accrued on the surplus funds was to be treated as part of project fund and concerned Societies did not have any right over such interest income and the interest income belong to concerned Ministries, tax was not required to be deducted at source. This view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961. 5. That the appellant craves for permission to add, delete or amend the grounds of appeal before or at the time of hearing of appeal. 3. Before us, Ld. DR strongly supported the order of Assessing Officer. 4. On the other hand Ld. Counsel of the assessee submitted that identical issues in the case of assessee came for consideration before the Tribunal in Revenue's appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rce in the submissions of Ld. Counsel of the assessee. The relevant portion of section 194A is as under:- Section 194A (3) The provisions of sub-section (1) shall not apply - (i)………. (ii) ……….. (iii) to such income credited or paid to - (a) to (e) ………… (f) such other institution, association or body [or class of instituti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulates as under:- "Any undertaking or body including a Society registered under the Societies Registration Act, 1860 (XXI of 1860) financed wholly by the Government" 10. This would show that Societies which are being wholly funded by the Govt. would qualify for non-deduction of tax. It has not been disputed before us that the said Societies are not wholly financed by the Central Govt. In view of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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