M/S Nitesh Estates Limited , Bangalore vs The Assistant Director Of Income Tax ... on 23 June, 2022
[b] Decision of the Hon'ble Supreme Court in ELI LILLY it Co.,
reported in 312 ITR 225; and
[c] Decision of the Hon'ble ITAT, Mumbai in the case of MERCHANT
SHIPPING SERVICES PVT. LTD., reported in 8 ITR [Trib] 1;
[d] Decision of the Hon'ble ITAT, Bangalore in the case of
A.MOHIUDDIN in ITA No.971 /Bang/2014
6.2 The ld. D.R. submitted that assessment proceedings in the
case of deductor and TDS proceedings in the hands of the deductee
are two different proceedings of the Act. If the deductee reports the
income, it won't absolve the assessee from deduction of TDS. He
relied on the judgement of Punjab & Haryana High Court in the
case of CIT Vs. Punjab Infrastructure Development Board,
Chandigarh in ITA No.73/2016 dated 20.12.2016. Further, he
relied on the order of Bangalore Bench in the case of Avestagen
Quality Agriculture Pvt. Ltd. In ITA No.426/Bang/2018 and others,
wherein it was held as under:-