Hon'ble Subhash Chandra Nigam,J.
Shri R.K. Upadhyay, learned Standing Counsel states that the Tribunal has passed a common order deciding the appeal for the assessment years 1998-99 to 2002-03. A certified copy of the Tribunal's order has been filed in I.T.A. No. 246 of 2006 for the assessment years 1998-99 to 2002-03. Therefore, the filing of a certified copy of the Tribunal's order in this appeal, may be dispensed with.
The application is allowed.
Order Date :- 18.1.2010 MK/ Hon'ble Rajes Kumar,J.
Hon'ble Subhash Chandra Nigam,J.
Heard Shri R.K. Upadhyay, learned Standing Counsel and Shri Rahul Sahai, learned counsel for the opposite party.
The Tribunal has passed a common order deciding the appeal for the assessment years 1998-99 to 2002-03. Income Tax Appeal No. 246 of 2006 raising similar questions, has already been admitted on 29.7.2009. The present appeal has been admitted on the following substantial question of law:
"1. Whether on the facts and in the circumstances of the case, the Tribunal is legally correct in allowing relief to the tax deductor by cancelling the TDS liability imposed by the ITO (TDS) on the amount of interest paid on delayed payment of compensation for all the assessment years 1998-99 to 2002-03.
2. Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal is legally correct in holding that the interest paid on delayed payment of compensation under MACT does not come within the ambit deductor was not under any legal obligation to deduct income-tax at source (TDS) on the amount of decree which is known as interest on delayed payment of compensation."
Connect with I.T.A. No. 246 of 2006.
Order Date :- 18.1.2010 MK/