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august 2007

Supreme Court of India · 2007-08-10

COMMNR. OF INCOME TAX, BANGALORE vs M/S. CENTURY BUILDING INDUSTRIES PVT.LTD

Citation / case number
SC 2004/18158
Court
Supreme Court of India
Petitioner
COMMNR. OF INCOME TAX, BANGALORE
Respondent
M/S. CENTURY BUILDING INDUSTRIES PVT.LTD
Author
B. SUDERSHAN REDDY S. H. KAPADIA
Bench
B. SUDERSHAN REDDY S. H. KAPADIA

Judgment text excerpt

The Supreme Court held that the Income Tax Appellate Tribunal correctly determined that the assessee-company was not obligated to deduct tax at source under Section 194A of the Income-tax Act, 1961, for interest payments made on loans availed by its directors, as these transactions were not reflected in the company's books. The Court emphasized that the loans were taken by the directors in their individual capacities and the company merely acted as a conduit for repayments. Consequently, the appeals filed by the Department were dismissed, affirming the Tribunal's decision.

COMMNR. OF INCOME TAX, BANGALORE vs M/S. CENTURY BUILDING INDUSTRIES PVT.LTD · Niyam