https://www.taxtmi.com/caselaws?id=239442 Where winnings are wholly in kind, Section 194B does not require deduction of tax at source because deduction presupposes a monetary payment; instead, the payer must ensure that tax has been paid before the prize is released. On that construction, Section 201 does not apply to a failure to discharge the proviso obligation under Section 194B, since that provision targets failure to deduct tax or, after deduction, failure to remit it. The text also notes that the Act contains other provisions, including Sections 271C and 276B, to address breach of the proviso duty. The revenue's appeals therefore failed, and the Tribunal's orders in favour of the assessee were left undisturbed. en-us Fri, 30 Aug 2013 00:00:00 +0530 Mon, 07 Apr 2014 17:09:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=239442 Where winnings are wholly in kind, Section 194B does not require deduction of tax at source because deduction presupposes a monetary payment; instead, the payer must ensure that tax has been paid before the prize is released. On that construction, Section 201 does not apply to a failure to discharge the proviso obligation under Section 194B, since that provision targets failure to deduct tax or, after deduction, failure to remit it. The text also notes that the Act contains other provisions, including Sections 271C and 276B, to address breach of the proviso duty. The revenue's appeals therefore failed, and the Tribunal's orders in favour of the assessee were left undisturbed. Case-Laws Income Tax Fri, 30 Aug 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=239442