Sri Gowtham Academy of General and Technical Education, Sec'bad, Secunderabad V. Addl. CIT, TDS, Range-2, Hyderabad, Hyderabad

ITA 1458/HYD/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2585 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 28-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK
• Assessee Lawyers: E V SRIKRISHNA
• Section: 194C

Judgement Text

ITA NO 1458 OF 2016 SRI GOWTHAM ACADEMY OF GENERAL AND TECH EDN SECUNDERABAD PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD A BENCH, HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.1458/HYD/2016 (ASSESSMENT YEAR: 2012-13) SRI GOWTHAM ACADEMY OF GENERAL & TECHNICAL EDUCATION, SECUNDERABAD TAN: HYDS 12036 D VS ADDL. COMMISSIONER OF INCOME TAX ( TDS ) RANGE 2 HYDERABAD FOR ASSESSEE : SHRI E.V. SRI KRISHNA FOR REVENUE : SMT. SUMAN MALIK, DR O R D E R PER SMT. P. MADHAVI DEVI, J.M. THIS IS ASSESSEES APPEAL FOR THE A.Y 2012-13 AGAIN ST THE ORDER OF THE CIT (A) CONFIRMING THE PENALTY LEV IED BY THE AO U/S 271(1)(C) OF THE ACT. 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE OF THE LIABILITY OF THE ASSESSEE TO DEDUCT TAX AT SOURCE U/S 194J OF THE ACT ON THE PAY MENTS MADE BY THE ASSESSEE TO M/S. K12 TECHNO SERVICES PVT. LT D HAD COME UP FOR CONSIDERATION BEFORE THIS TRIBUNAL AND IN IT A NO.433/HYD/2015 VIDE ORDERS DATED 3.2.2017. THE TRI BUNAL HAS HELD THAT THE TDS MADE BY THE ASSESSEE U/S 194C OF THE ACT FOR DATE OF HEARING : 27.04.2017 DATE OF PRONOUNCEMENT : 27.04.2017 ITA NO 1458 OF 2016 SRI GOWTHAM ACADEMY OF GENERAL AND TECH EDN SECUNDERABAD PAGE 2 OF 2 SOME OF THE CONTRACTS IS CORRECT. THEREFORE, THE VE RY BASIS FOR LEVY OF PENALTY U/S 271C OF THE ACT IS NOT SURVIVING. TA KING THE SAME INTO CONSIDERATION, WE DELETE THE PENALTY LEVIED BY THE AO U/S 271C OF THE ACT AND CONFIRMED BY THE CIT (A). 3. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH APRIL, 2017. SD/- SD/- (B. RAMAKOTAIAH) ACCOUNTANT MEMBER (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED 27 TH APRIL, 2017. VINODAN/SPS COPY TO: 1 SRI GOWTHAM ACADEMY OF GENERAL & TECHNICAL EDUCAT ION, 10-2- 240/250 GVRS LAXMI NIVAS, STREET NO.6, WEST MAREDP ALLY, SECUNDERABAD -500026 2 ADDL. CIT, (TDS) RANGE-2 HYDERABAD 3 CIT (A)-8 HYDERABAD 4 CIT TDS HYDERABAD 5 THE DR, ITAT HYDERABAD 6 GUARD FILE BY ORDER