Carwin Trading Pvt. Ltd. vs. Income Tax Officer

Parties Involved

Facts Summary

The assessee, Carwin Trading Pvt. Ltd., appealed against the order passed by the Commissioner of Income Tax (Appeals) under Section 250 of the Income Tax Act, 1961, regarding the Assessment Year 2013-14. The assessee raised several grounds of appeal, primarily arguing that the Commissioner of Income Tax (Appeals) erred in upholding that the Assessing Officer had provided sufficient and reasonable opportunity to the assessee to explain the issue relating to non-deduction of tax at source, as per the Tribunal directions. The assessee submitted details of the payees to whom interest payments were made, claiming that these payees had shown the interest income in their respective returns and had paid the applicable tax during the relevant assessment year. The Tribunal reviewed the material and found that no revenue loss occurred to the revenue authorities, and thus set aside the addition made by the Assessing Officer.…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) erred in upholding that the Assessing Officer had provided sufficient and reasonable opportunity to the assessee to explain the issue relating to non-deduction of tax at source.
• 2. Whether the addition made by the Assessing Officer was correct.

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• Bharti Airtel Ltd. Vs. Income Tax Officer, TDS

  Delhi Bench 'D', Delhi benchAY 2009-10Dismissed

• M/s. Leo Motors Pvt. Ltd. vs. DCIT

  Bangalore benchAY 2013-14Allowed

• Babulal Mishrimalji Mehta vs Income Tax Officer

  SMC Bench, Mumbai benchAY 2019-20Partly Allowed

• Royal Uniforce Roofing Private Limited vs. ACIT, Circle-3, Nagpur

  Nagpur bench

• Shri Pandian Hari Vs. The Income Tax Officer, Non-Corporate Ward 11(4), Chennai

• Computility India Private Limited vs ITO, Ward-6(2)(1), Mumbai

  Mumbai bench