2012 (7) TMI 771

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....or Respondent: Mr.Deepak Chopra, Sr.Standing   1. The question sought to be raised in this appeal by the assessee is whether the amount paid as tip to the employees is to be subjected to the TDS in terms of Section 192 of the Income Tax Act.   2. In CIT v. ITC Ltd., now reported in (2011) 338 ITR 598 (Delhi) and CIT v. C.J. International Hotels Ltd., 2011-TIOL-287-H.C.-DEL-IT, it h....

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....e not inclined to disturb the finding of the Income Tax Appellate Tribunal that the assessee had acted in a bona fide manner, we do not agree with the conclusion of the Income Tax Appellate Tribunal that the assessee cannot be regarded as being as an "assessee in default" in respect of the short deduction. It is important to remember that the question of "good and sufficient reasons" only arises w....

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....mbered that the finding of the Tribunal that the assessee acted in a bona fide manner, has to be kept in mind and, therefore, no penalty can be imposed on the assessee under Section 221 because of the specific stipulation in the proviso to Section 201(1) of the said Act. We also note that the exact quantum of the default needs to be computed. It would, therefore, be necessary to remand the matter ....