Special Tahsildar, Land Acquisition (General) v. Government of India (2023) 451 ITR 484 (Ker.)(HC)

S. 201 : Deduction at source-Failure to deduct or pay-Interest for delay in remitting tax deducted at source-No liability for interest if tax is not deductible at source. [S. 2(14), 201(IA), Art. 226]

Allowing the petition the Court held, that since the Department itself had refunded the amount of tax deducted at source it could not be said at this point of time that the land in question was not agricultural land falling outside the definition of capital asset under section 2(14). The delay in remitting the amounts deducted as tax at source arose only on account of the fact that the Officer in question was deputed for election duty for the period from January 2014 to May 2014 in connection with the Lok Sabha Elections of 2014. Cumulatively, these facts made it clear that the levy of interest under sub-section (1A) of section 201 was wholly unwarranted in the facts and circumstances of this case.