THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 631 of 2014
DATED:15.10.2014 Between:
The Commissioner of Income Tax (TDS), Hyderabad.
… Appellant And M/s. Andhra Bank, Hyderabad.
….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
I.T.T.A. No. 631 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We have heard Mr. S.R. Ashok, learned Senior Counsel appearing for the appellant and have gone through the impugned judgment and order of the learned Tribunal.
The learned Tribunal has correctly held that the amendment to Section 17(2)(ii) in the Finance Act, 2007 which was brought into force with retrospective effect from 1.4.2002 could not have been foreseen by the assessee for deducting tax at source while making payment of salary. In the aforesaid circumstances, tax was to be deducted at the time when the amount was paid. But when this provision was not brought into the statute book at that time, there could not be any compliance. However, as soon as it is detected, the assessee has started deducting tax at source, which is a prerequisite from the financial year 2007-08.
We, therefore, do not find any error in the impugned judgment of the learned Tribunal. The appeal is accordingly dismissed. Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 15th October, 2014 Pnb SANJAY KUMAR, J