TaxTMI 
TaxTMI 
2014 (1) TMI 1435
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..../grounds are involved, these appeals and cross-objections were heard together and are being disposed of by way of this consolidated order for the sake of convenience. 2. First, we take up the Revenue's appeal in ITA No.38/Ahd/2011. In this appeal, the Revenue has raised the following common grounds:- 1. The Ld.CIT(A) has erred in law as well as facts of the case in deleting the order passed u/s.201(1) & interest charged u/s.201(1A) of the IT Act of Rs.8,75,470/- and Rs.2,04,071/- for AY 2008-09 by the A.O. 2. The Ld.CIT(A) erred in law as well as on facts in treating the JCB charges as contractual payments instead of rent u/s.194-I of the Act. 3. On the facts and in the circumstances of the case, the Ld.CIT(A) ought to have upheld the o....
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....ering the submissions, partly allowed the appeal. Against this order, Revenue is in appeal(s) before us. 3. The ld.Sr.DR of the Revenue Shri K.C. Mathews vehemently argued that the ld.CIT(A) erred ion not appreciating the facts in right perspective. He strongly supported the order of the AO. On the contrary, ld.counsel for the assessee Shri R.N.Vepari submitted that the AO was not justified in treating the assessee in default. He submitted that so far payments made to JCB are concerned, they are rightly held to be the contractual payment, therefore section 194-C would apply and the tax was deducted as per that provisions. He further submitted that in respect of the interest expenditure, the expenditure to the extent of interest can only be....
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.... the assessee has raised the following common grounds:- (1) On the facts and circumstances of the case and as per law, the learned Commissioner of Income-tax(Appeals) erred in confirming charge of tax as interest u/s.201(1) and 201(1A) of the Act, in respect of payment of interest to TML Finance Limited. (2) The appellant craves leave to add, alter or vary any of the grounds of appeal. 6.1. Ld.counsel for the assessee submitted that the ld.CIT(A) has erred in confirming the action of the AO. He submitted that even if any liability is to be fastened, it should be to the extent of the interest amount but not on the entire amount including the principal amount. On the contrary, ld.Sr.DR supported the orders of the authorities below. 7. We ....
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.... the circumstances of the case, the Ld.CIT(A) ought to have upheld the order of the Assessing Officer. 4. The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. 5. It is, therefore, prayed that the order of the Ld.CIT(A) may be cancelled and that of the Assessing Officer may be restored to the above effect. ITA No.40/Ahd/2011 for AY 2010-11 (by Revenue) 1. The Ld.CIT(A) has erred in law as well as facts of the case in deleting the order passed u/s.201(1) & interest charged u/s.201(1A) of the IT Act of Rs.13,25,968/- and Rs.70,521/- for AY 2010-11 by the A.O. 2. The Ld.CIT(A) erred in law as well as on facts in treating the JCB charges and Roller charges as contractual payments instead of re....