Pr. Commissioner of Income-tax-6 v. Hakmichand D and Sons
[Citation -2017-LL-0809-4]
| Citation | 2017-LL-0809-4 |
|---|---|
| Appellant Name | Pr. Commissioner of Income-tax-6 |
| Respondent Name | Hakmichand D and Sons |
| Court | HIGH COURT OF GUJARAT AT AHMEDABAD |
| Relevant Act | Income-tax |
| Date of Order | 09/08/2017 |
| Judgment | View Judgment |
| Keyword Tags | deduction of tax at source • reopening of assessment • non-deduction of tax • oral order • non deduction of tds • change of opinion |
| Bot Summary: | These appeals arise out of a common background concerning the same assessee. Tax Appeals No. 567 and 568 of 2017 arise out of the assessee s appeals and Tax Appeals No. 563 and 564 of 2017 arise out of the cross appeals filed by the Revenue. Revenue has challenged the judgement of the Income Tax Appellate Tribunal dated 29.07.2016. A Whether the Appellate Tribunal erred in law and facts in quashing the re-assessment order passed u/s 143(3) read with section 147 of the Income Tax Act, 1961 holding that the same was on account of mere change of opinion B Whether the Appellate Tribunal erred in law and facts in deleting the disallowance u/s 40(a)(ia) of the Act of Rs.1,67,09,358- including Rs.40,05,358/- which was confirmed by the CIT(A) overlooking the fact that the confirmed disallowance was in respect of the difference between the amounts shown by the assessee and the IRCTC in their books of accounts 2. The contentious issue was with respect to non-deduction of tax at source by the assessee for payments made to IRCTC though required as per the Assessing Officer. Having perused the materials on record, we do not see any failure on the part of the assessee to disclose truly and fully all material facts. If the Assessing Officer desired to disallow any part of such payments on the ground that the deduction of tax at source was not carried out, it was open for him to do so after hearing the assessee. |