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Income Tax - Highlights / Catch Notes

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Waiver of interest under Section 234B and 234C - Non deduction ...


Court Supports Taxpayers: Waiver of Interest u/ss 234B and 234C for Non-Deduction of TDS Pre-2012-13.

August 9, 2022

Case Laws     Income Tax     HC

Waiver of interest under Section 234B and 234C - Non deduction of TDS by the payer - prior to the financial year 2012-13, the amount of income-tax which is deductible or collectible at source can be reduced by the assessee while calculating advance tax, the Respondent cannot be held to have defaulted in payment of its advance tax liability. There is no doubt that the position has changed since the financial year 2012-13, in view of the proviso to Section 209 (1) (d), pursuant to which if the assessee receives any amount, including the tax deductible at source on such amount, the assessee cannot reduce such tax while computing its advance tax liability. - the claim of the assessees stands vindicated. - HC

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