2013 (10) TMI 867

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....1. The ld.CIT(A) erred in law as well as facts of the case in deleting the interest charged u/s.201(1A) of the IT Act of Rs.61,26,087/- by the AO. 2. On the facts and in the circumstances of the case, the ld.CIT(A) ought to have upheld the order of the AO. 4. The ground in the Revenue's appeal in ITA No.28312/Ahd/2010 is identical except the amount of interest u/s.201(1A) is Rs.39,18,004/-. 5. First of all, we take up the appeal of the Revenue in ITA No.2830/Ahd/2010 and our order hereinbelow shall be identically applicable in ITA No.2831/ahd/2010 being on identical facts as mentioned hereinabove. 6. The brief facts are that during the course of survey, it was observed that the assessee has made payment of gas transportation charges to ....

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.... Gujarat State Petronet Limited has filed their return of income and relevant receipts have been incorporated in computing the income, the deductor company can not be treated as deemed defaulter u/s. 201 (I) in view of the decision of hon'ble supreme court in the case of Hindustan Coca Cola Beverages Pvt. Ltd. (293 ITR 226) 2007. The certificate in this regard received from Gujarat State Petronet Limited dated 2.3.2010 has been furnished alongwith reply dated 5.3.2010. But the interest u/s. 201(IA) is certainly chargeable on the difference of the amount of the fax required to be deducted and actually deducted by the deductor company." Accordingly, interest under section 201(1A) on the difference of amount of Rs.2,06,81,271/- was worked out....

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....ot the provision of 194C of the IT Act." 10. The learned CIT(A) in that case has decided that such type of payments are covered by the provision of section 194C and not under section 194I of the Act, and accordingly, the learned CIT(A) allowed the appeal of the assessee. The ITAT, Ahmedabad Bench, dismissed the appeal of the Revenue by observing that the said issue is covered under section 194C of the Act, and ld. CIT(A) was right to decide this issue as a contract for the transportation of gas, and the assessee cannot be treated as deemed defaulter under section 201(1) of the IT Act, and accordingly, the Revenue's appeal was dismissed. In the present case, the facts are identical to the facts in the case of Gujarat State Petronet Ltd. (su....