sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Latest Expert Exchange
News Headlines »
 Which ITR form applies to you for financial year 2017-18?
 Income tax returns filing form-2 released; should you use it? Find out
  Are you planning to file ITR 1 form? here's how to do it Income Tax Return (ITR) filing
 30 LPA-Opening Financial Controller
 ITR form 2 in java release by CBDT for return filing by individuals
 How to file your income tax return using ITR Form-1 Income Tax efiling for AY 2018-19
 Income tax returns (ITR) filing: Have you received I-T dept notice? Safeguard yourself; here is how
 Delayed release of electronic ITR forms may compel CBDT to extend the filing deadline
 Trading volume linked to tax return?
 How to e-verify your income tax return? Here are five ways to do it
 Received an Income Tax notice? Here is what you can do

SC gives relief to Hindustan Coca Cola in TDS case
August, 17th 2007
The Supreme Court on Thursday held that Hindustan Coca Cola Beverage Pvt Ltd (HCCB) is not liable to pay further tax to the government on warehousing charges paid to a company, which had already deposited the due tax.

While allowing the appeal of the soft drinks major, a bench comprising Justices S H Kapadia and B Sudershan Reddy observed that tax authorities cannot claim taxes twice after the second party Pradeep Oil Corporation had paid the levy.

The court set aside the Delhi High Court judgement, saying it should not have interfered with the Income Tax Appellate Tribunal's order to reopen the matter.

"In the instant case, the appellant (HCCB) had paid the interest under Section 201 (1A) of Income Tax Act and there is no dispute that the tax due had been paid by deductee-assessee (Pradeep Oil Corp)... There is no dispute that POC has already paid the taxes due on its income received from HCCB and had received refund from the tax department," it held.

HCCB had entered into an agreement with POC for use of premises for storage purposes and had paid warehousing charges after deducting tax at source at the rate of two per cent.

However, tax authorities had held the soft drinks company as 'assessee in default', ruling that it should have deducted tax at 20 per cent as against two per cent. This was because warehousing charges were in the nature of rent as defined in explanation to Section 194-I of the Act, they had ruled.

However, the Tribunal, had ruled that though HCCB was rightly held to be an 'assessee in default', but there could be no further recovery of tax considering that POC had already paid taxes on the amount received from the former.

HCCL had submitted that no further tax could be collected from it as POC had paid the due taxes.
Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Software Reengineering Software Re-engineering Software Reverse Engineering Software Reverse Development Software Change Modulation Software Conversion Software Re-creation Software Re-development

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions