2014 (4) TMI 775

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....:- PER : J Sudhakar Reddy This is an appeal preferred by the Revenue directed against the order of the Ld.CIT(A), Faridabad dated 16.01.2012 pertaining to the AY 2008-09 on the following grounds. 2. Brief facts: The brief facts of the case as brought out at para 4 of the Ld.CIT(A)'s order which is extracted for ready reference.     "4. The brief facts of the case are tha....

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....deduction of tax u/s 194J from 5.61% to 11.33% with effect from 1.6.2007 but the tax in the month of June and July,2007 was inadvertently deducted at pre amended rates. Since there was sort deduction of tax in the month of June and July 2007, the AO has held the assessee in default and passed order u/s 201(1)/201(1A) of the Act raising the demand of Rs.5,08,27,288/- on account of short deduction o....

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....ightly applied the Circular of the CBDT No.275/201/95 and IT(B) dt. 29.1.1997 and the decision of the Hon'ble Supreme Court in the case of Hindustan Cocacola Beverages P.Ltd. vs. CIT, 293 ITR 226  and granted relief to the assessee. At page 11 he held as follows:     "As per the above statement, the appellant has deducted total tax of Rs.11,55,68,841/- u/s 194J from the paym....

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....uctor has satisfied the officer-in-charge of TDS, that taxes due have been paid by the deductee assessee. However, this will not alter the liability to charge interest u/s 201(1A) of the Act till the date of payment of taxes by the deductee assessee or the liability for penalty u/s 271C of the Act.' The appellant has also placed reliance on the decision of the Hon'ble Supreme Court in the case of ....