2011 (3) TMI 1786 - HC - Income Tax

Court orders assessment completion for 2008-09, emphasizes TDS resolution. Petitioner's plea noted, Section 197 view preliminary.

INDUS TOWERS LIMITED Versus COMMISSIONER OF INCOME TAX, DELHI AND ANR

The court directed the completion of the assessment for the financial year 2008-09 by a specified date, emphasizing the importance of resolving the ... - Issues involved: The issues involved in the judgment are related to the refusal of granting a certificate u/s 197 of the Income Tax Act for deduction of tax at source at Nil rate, the completion of assessment for earlier years by the Revenue, and the plea of limitation in framing the order of assessment.Refusal of Certificate u/s 197: The petitioner sought relief through a writ petition to quash the impugned order refusing to grant a certificate u/s 197 of the Act for deduction of tax at source at Nil rate. The petitioner argued that the tax deducted at source is not payable, and they are entitled to a refund. The court noted that the view expressed under Section 197 is a prima facie opinion and should not affect the assessing officer during final assessment. The petitioner's grievance was that the Department was not granting relief under Section 197 while also not framing the order of assessment due to a plea of limitation.Completion of Assessment: The court directed that the order of assessment for the financial year 2008-09 must be passed by a specified date. The petitioner's counsel assured full cooperation for the assessment process to be completed. The court emphasized the importance of the assessing officer performing their duty to resolve the controversy regarding Tax Deducted at Source (TDS). The writ petition was disposed of with the mentioned directions, without any order as to costs.