Assessee-company is\u00a0 engaged in manufacturing and trading of molded plastic items.\u00a0 During year, assessee had imported molds from Dart USA under Rental Agreement and had made certain payments.\u00a0 As per agreement, mold lease rent was agreed to be paid by assessee on basis of actual production days.\u00a0 Later on, due to change in method for charging rent on mold lease, certain deliberations were made between assessee and Dart USA to increase said rent.However, before negotiations could be finalized, assessee made a provision for higher rental in its books of account and pursuant to revised estimate, assessee made a deduction of TDS on higher side and deposited same.\u00a0 Subsequently, increase in mold lease rent did not happen which resulted in excess deposit of TDS amounting. Accordingly, assessee made an application before Commissioner for a refund of higher tax deducted which was denied. On writ the Court held that\u00a0 since no income had accrued to Dart USA qua excess TDS paid by assessee and consequently, no right of retention of excess TDS paid by assessee vests in Commissioner. Even otherwise, Commissioner was not entitled to withhold excess TDS deposited by assessee in lieu of anticipated liability for concerned assessment year as same would amount to collection of tax without any authority of law and, therefore, was to be directed to issue a refund of excess TDS with interest. CBDT circular dated 23-10-2017 and CBDT circular dated 26-4-2016. (AY. 2012-13)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 244A : Refunds-Interest on refunds-Lease rent on the basis of actual production days-Deducted TDS on higher on the basis of anticipating tax liability-Excess TDS paid is directed to be refund with interest.[S. 195, Art. 226, 265] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-46743","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-c9V","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/46743","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=46743"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/46743\/revisions"}],"predecessor-version":[{"id":46744,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/46743\/revisions\/46744"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=46743"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=46743"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=46743"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}