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1 - 8 of 8 (0.02 seconds)The Income Tax Act, 1961
Section 40 in The Income Tax Act, 1961 [Entire Act]
Section 133A in The Income Tax Act, 1961 [Entire Act]
Section 194A in The Income Tax Act, 1961 [Entire Act]
M/S. Hindustan Coca Cola Beverage Pvt. ... vs Commissioner Of Income Tax on 16 August, 2007
4. It was contended before first appellate authority that tax deducted was not
deposited as worked out by the Assessing Officer which included TDS of
Rs.63,49,200 on remuneration payable to the directors, Mr. Akash Gupta & Mrs.
Sapna Gupta for the financial year 2008-09. However, in the fact of financial crisis,
these directors had foregone their remuneration for the above financial year and
accordingly their above TDS of Rs.63,49,200 were reversed. This resulted I the TDS
liabllity of the above amount and therefore, the amount determined should be reduced
by the above amount of Rs.63,49,200/-. Ld.AR further submitted before first
appellate authority that the liability to be reduced by further amount of Rs.21,34,352
being the amount of TDS payable in respect of rent to the directors of the company,
namely Shri Ashok Gupta & Mrs. Sapna Gupta on the ground that these directors had
already discharged their tax liability and there is no outstanding liability of tax due to
these deductees by reproducing the submissions of the Ld.AR of the assessee, who
cited Apex Court decision in the case of Hindusan Coca Cola Beverages P. Ltd. vs.
CIT, 293 I.T.R. 226 (SC) and Delhi High Court decision in the case of CIT vs.
Hindustan Coca Cola & Beverages Pvt. Ltd., 293 I.T.R. 163 (Del.), assessee has
submitted for reduction in tax liability determined by the Assessing Officer by the
above amount of Rs.63,49,200/- and Rs.21,34,352/-.
The Advocates Act, 1961
Addl. Cit, Special Range- 4, New Delhi vs Hindustan Coca-Cola Beverages Pvt. ... on 7 June, 2023
4. It was contended before first appellate authority that tax deducted was not
deposited as worked out by the Assessing Officer which included TDS of
Rs.63,49,200 on remuneration payable to the directors, Mr. Akash Gupta & Mrs.
Sapna Gupta for the financial year 2008-09. However, in the fact of financial crisis,
these directors had foregone their remuneration for the above financial year and
accordingly their above TDS of Rs.63,49,200 were reversed. This resulted I the TDS
liabllity of the above amount and therefore, the amount determined should be reduced
by the above amount of Rs.63,49,200/-. Ld.AR further submitted before first
appellate authority that the liability to be reduced by further amount of Rs.21,34,352
being the amount of TDS payable in respect of rent to the directors of the company,
namely Shri Ashok Gupta & Mrs. Sapna Gupta on the ground that these directors had
already discharged their tax liability and there is no outstanding liability of tax due to
these deductees by reproducing the submissions of the Ld.AR of the assessee, who
cited Apex Court decision in the case of Hindusan Coca Cola Beverages P. Ltd. vs.
CIT, 293 I.T.R. 226 (SC) and Delhi High Court decision in the case of CIT vs.
Hindustan Coca Cola & Beverages Pvt. Ltd., 293 I.T.R. 163 (Del.), assessee has
submitted for reduction in tax liability determined by the Assessing Officer by the
above amount of Rs.63,49,200/- and Rs.21,34,352/-.
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