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1996 (8) TMI 100

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....ery prizes one for the value of Rs. 10,50,000 and the other for Rs. 18,000. Under the provisions of section 194B of the Income-tax Act, 1961, the person responsible for paying to any person any income by way of winnings from any lottery or crossword puzzle in an amount exceeding one thousand rupees was obliged to deduct income-tax thereon at the rates in force while making the payment thereof. In ....

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.... payment of tax deducted at source to the Government account, the said Chandra Agencies replied that the records have been forwarded to the Chairman, Vaibhavshali Bumper, and, accordingly, they were not able to furnish the date of payment of taxes to the Government Treasury. This explanation is not accepted and accordingly credit for this amount was not given. The credit for this will be given onl....

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....or pay. --- (1) If any such person and in the cases referred to in section 194, the principal officer and the company of which he is the principal officer does not deduct or after deducting fails to pay the tax as required by or under this Act, he or it shall, without prejudice to any other consequences which he or it may incur, be deemed to be an assessee in default in respect of the tax : Pro....

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....ve carefully gone through the provisions of the said sections and find that in view of section 205, the authorities under no circumstances can make the petitioner liable to make payment of any tax to the extent to which the tax had been deducted at source by the person paying the prize money to the petitioner under section 194B of the Act. Admittedly, the certificate issued by Chandra Agencies to ....