2015 (10) TMI 1859

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....o the following four societies : 1. Haryana Rural Roads and Infrastructure Development Agency (HARRIDA) 2. Punjab ICT Education Society (Director General School Education Punjab) 3. Haryana State Council for Science & Technology 4. Shri Aurobindo Society 3. The assessee explained the reasons for non deduction of tax at source but the Assessing Officer rejected the claim and created demand under section 201(1) and (1A) of the Act. Penalty proceedings under section 271C were also initiated and vide separate order, the Assessing Officer held that person responsible was liable for penalty under the above provisions. The assessee challenged the levy of penalty before ld. CIT(Appeals) and filed the written submissions which were ta....

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....T Education Society (Director General School Education Punjab), a non profit Organization registered under Societies Registration Act 1860 with an aim to provide Computer Education in .all districts of Punjab covering Gout. Schools. iii) Haryana State Council for Science &, Technology incorporated in 1986 under Societies Registration Act 1860 to promote Science & technology and its utilization for achievement of socio-economic objectives in the state of Haryana." 3.3.1 The Ld. Counsel has submitted that all the above societies had declared these funds received as grants and so tax was not required to be deducted at source on interest on these funds in view of the provisions of section 194A(3)(iii)(f) read with the aforesaid notificati....

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.... of the Act. The penalty le vied is accordingly cancelled. Grounds of appeal taken by the appellant are allowed. 4. In the result, the appeal is allowed. 4. We have heard ld. Representatives of both the parties and perused the findings of authorities below. The ld. DR relied upon order of the Assessing Officer. On the other hand, ld. counsel for the assessee reiterated the submissions made before authorities below. He has relied upon order of ITAT Chandigarh Bench in ITA No. 267 to 271/CHD/2014 in the case of ITO Vs State Bank of Patiala, Kusumpti, Shimla (supra) and relied upon judgement of Hon'ble Himachal Pradesh in the case of CIT (TDS) Chandigarh Vs State Bank of Patiala, Shimla in ITA No. 17/2014 dated 31.12.2014. 5. On c....