...under section 201(1) read with section 201(1A) in respect of non-deduction of TDS under section 194B.2. In this case during the course of inspection, it...given a Tata Sumo Vehicle costing Rs. 5,47,618. Assessing Officer noticing that assessee has not deducted any TDS as per provisions of section 194B and this being violative of the...submissions which he made before the learned CIT(A). Adding to his contention learned Authorised Representative argued that scheme for deduction of tax at source under the provision of section 194B is...

...Section 115(O) or Section 194B of the Act. In other words, according to him if the assessee has made deduction from source on payments like salary, payment to contractors, payment on rent, etc. under...respect of tax payable under subsection (2) of Section 115(O) or Section 194B of the Act. Standing counsel for the revenue contended that Section 271C provides for penalty both for failure to deduct...Section 194B of the Act. For easy reference we extract hereunder Section 271C.“Penalty for failure to deduct tax at source.271C. (1) If any person fails to —(a...

...provisions of Section 194B of the Income Tax Act, 1961 the person responsible for paying to any person any income by way of winnings from any...section 201 and section 194B of the said Act. The said section 205 and section 201 sub-section (1) read as follows:“205. Bar against direct demand on assessee.Where t...deductible at the source under sections 192 to 194, section 194 A, section 194B, section 194BB, section 194C, section 194D and section 195, the assessee shall n...

...the impugned order dated June 6, 1994, respondent No. 1 raised a demand of Rs. 7,92,06,400 on the petitioner on account of alleged short deduction of tax at source under Section 194B of the Income...payments of the prize money to the prize winners in terms of the agreement made with the organising agent. The liability for deduction of income-tax at source under Section 194B of the...prima facie arbitrary, violative of the mandatory provisions contained under Section 194B of the Act. Hence, the petitioner has challenged the legality and validity of the orders so passed by respondent...

...Appellate Tribunal was right in law in deleting the tax levied by the order passed by the Assessing Officer under section 201(1) read with section 194B of the Income-tax Act, 1961 ?”3...application.4. The order is passed under section 201(1) and under section 194B directing the assessee to pay the tax which has not been deducted at the time of payment of the amount by draw...) and, consequently, section 194B, proviso, were not applicable to the assessee's case. Consequently, it is held that the assessee was not liable to TDS on such distribution of prize by drawing...

...lotteries and unclaimed prizes attracts the provisions of Section 194B of the Income-tax Act, 1961 ? 2. The aforesaid question of law has arisen in the following facts and circumstances...against the Director, State Lotteries, Assam, on alleged short deduction of tax at source under Section 194B of the Act in respect of 1,494 numbers, of lottery draws held during the period from February 6...winning ticket(s) had remained unsold and remained with the agent. At this stage, the provisions of Section 194B of the Act may be noticed- "194B. Winnings from lottery or crossword...

...before releasing the winnings as contemplated by section 194B of the Act.1.2 In I.T.A No. 144 of 2002, the Assessing Officer treated the respondent-assessee as an assessee in default...201(1A) of the Act for the assessment year 2001–02 and treated the respondent as an assessee-in-default of its obligation in terms of section 194B of the Act. Similar order was passed for the...conducted by the respondent is a lottery on which the tax was deductible under section 194B of the Act and as the respondent neither deducted the tax nor ensured payment thereof before the winnings were...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...A.O was of the view that these payments would come under the ambit of section 194B of I.T.Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus...the Assessee that there was no liability under section 194B of the I.T.Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports...personnel as the section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs.5000/-. Further...

...either for prompt payment of kuri instalments or for increasing the sale of consumer products are liable to pay advance tax under Section 194B of the IT Act, 1961 (for short 'the Act'). In all these...cases the ITO (TDS) Division-II, Thrissur, had issued notices regarding deduction of tax at source under Section 194B of the Act directing the petitioners to appear before him for a personal hearing...stated therein that as per Section 194B of the IT Act, the company is liable to deduct tax while distributing the prizes and the petitioners were directed to pay tax with interest demanded by the tax...

...the view that these payments would come under the ambit of section 194B of I.T Act as they are winnings from games or any other games of any sort. He, therefore levied tax @ 30% plus surcharge which...there was no liability under section 194B of the I.T Act for the deduction and payment of tax at source on the cash awards granted by the Govt of Kerala to the distinguished sports personnel as the...section 194B applicable only to the payments towards income by way of any lottery or cross word puzzle or card game or other game of any sort of an amount exceeding Rs. 5000/-. Further explained by the...

...failed to comply with the provisions of Section 194B of the Income-tax Act, 1961 (relating to TDS on 1 2...money were identifiable and genuine, and whether the threshold prescribed under Section 194B was indeed crossed in each transaction. The Revenue further submitted that the CIT(A) erred in allowing...genuineness of the prize winners. The CIT(A) had not sufficiently examined whether the provisions of Section 194B were attracted on 3...

...in default within the meaning of Section 201(1) of the Act for non-deduction of tax as per Section 194B of the Act and interest thereon under Section 201(1A) of the Act. 4...done indirectly. The Assessing Officer, being bound by the CBDT Circular, cannot hold the assessee liable to TDS by bringing the assessee within the domain of Section 194B of the Act, which is not...(Bom.). Thus, as per him, the Assessing Officer erred in applying Section 194B of the Act, which is a general provision applicable to 'card game or other game of any sort, which would not cover stake...

...failed to comply with the provisions of Section 194B of the Income-tax Act, 1961 (relating to TDS on 1 2...money were identifiable and genuine, and whether the threshold prescribed under Section 194B was indeed crossed in each transaction. The Revenue further submitted that the CIT(A) erred in allowing...genuineness of the prize winners. The CIT(A) had not sufficiently examined whether the provisions of Section 194B were attracted on 3...