- (1.) The assessee is on appeal against the order of the Income Tax Appellate Tribunal in respect of the assessment year 2003-2004.
(2.) The following are the reframed substantial questions of law raised in T.C.(A) No. 69 of 2013 :- 1. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding the assessee to be in default under Section 201(1) ignoring the CBDT Circular No.275/201/95-IT(B) dated 29.1.1997 and the Hon'ble Supreme Court decision reported in 293 ITR 226 clarifying that recovery could not once again be made from deductor where the payee included the income on which tax was alleged to have been short deducted in its taxable income and paid taxes thereon ? 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee ought to have deducted tax on the entire payments made to M/s.Tamil Nadu Real Estates Ltd., and not only on the remuneration paid to them ?
(3.) The following are the reframed substantial questions of law raised in T.C.(A) No. 70 of 2013 :- 1. Whether on the facts and in the circumstances of the case, the Tribunal ought to have appreciated that interest under Section 201(1A) has to be determined year to year on the basis of amount payable for that year till the date the recipient has made arrangement for payment of tax or filed the return of income for that year ? 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in upholding the levy of interest under Section 201(1A) without considering the taxes already deducted and paid earlier ?;