COMMISSIONER OF INCOME TAX HALDWANI Vs. BAZPUR CO-OPERATIVE SUGAR FACTORY LTD
LAWS(UTN)-2013-6-126
HIGH COURT OF UTTARAKHAND
Decided on June 10,2013

COMMISSIONER OF INCOME TAX HALDWANI Appellant
VERSUS
Bazpur Co-Operative Sugar Factory Ltd Respondents

JUDGEMENT

- (1.) This appeal preferred under section 260A of Income Tax Act, 1961, (for short ITA), is directed against the order dated 23.10.2009, passed by Income Tax Appellate Tribunal (for short ITAT) Delhi, Bench "A", New Delhi, in ITAT No. 2309/Del/09 whereby said Tribunal has allowed the appeal of the assessee.
(2.) Heard.
(3.) Brief facts of the case are that the assessee/respondent is a Public Sector Undertaking which is a co-operative society. It submitted its return for the assessment year 2006- 2007, declaring the total loss of Rs. 1,36, 76,552/-. The return was processed under section 143 of Income Tax Act, 1961, and net loss was assessed at Rs. 45,44,482/- against which an appeal was preferred by the assessee before the Commissioner of Income Tax Appeal (for short CITA). Said authority with minor relief to the assessee disposed of the appeal, aggrieved by which, the assessee appealed before the Income Tax Appellate Tribunal. The Income Tax Appellate Tribunal deleted disallowance of Rs. 52,41,209 relating to the TDS including Rs. 17,90,785 with the observation that the assesse was not liable to make deductions under TDS under section 40 (A) (a) (ia) of Income Tax Act, 1961, in respect of the provident fund contribution not received may during the year before due date.;


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