2018 (2) TMI 696 - AT - Income Tax

Failure on part to deduct tax at source on interest payments as required u/s 194A - default u/s 201(1) - Held that - CIT(A) has strangely proceeded to uphold orders of the AO stating that the assessee is in the regular practice of not providing information required for TDS verification before the AO and since the matter was getting barred by limitation, the AO s action in passing the orders u/s 201(1)/201(1A) of the Act was upheld. On an appraisal of the material on record, we find that the coordinate bench of the Tribunal in the assessee s own case for AYs. 2011-12 and 2012-13 had an occasion to deal with identical facts similar to that prevailing in the asst. years 2011-12 and 2012-13, where the AO was directed by CIT(A) to verify and examine the issue afresh and consider the assessee s claim after affording the assessee adequate opportunity of being heard. As clear from the record as to how many cases of payment of interest the assessee was having Form No.15G/15H and whether these Forms were at all submitted with the jurisdictional CIT. CIT(A) s rejecting the assessee s claims which are presently before us for consideration, cannot be sustained in view of the observations by the CIT(A) of the lacuna and shortcomings of the AO in carrying out proper verification in the TDS made on interest payments. Set aside the impugned order of the CIT(A) for asst. year 2013-14 and restore the matter to the file of the AO for denovo adjudication of this matter, with the directions to verify the assessee s TDS liability branch wise and deductee wise details of interest payments on the point of availability of Form No.15G/15H only in respect of cases when such Forms were before the respective CIT even though belatedly. Assessee s grounds are treated as allowed for statistical purposes.

Summary

Issues:
Appeal against CIT(A) order on TDS liability determination for Assessment Year 2013-14.

Analysis:
The case involved an appeal by the assessee against the CIT(A)'s order regarding TDS liability determination for the Assessment Year 2013-14. The assessee, a regional rural bank, was found to have a TDS liability of ?61,14,41,704 under Section 201(1) along with interest under Section 201(1A) of the Income-tax Act, 1961. The AO passed orders without giving sufficient time and opportunity to the assessee to collect information from its 325 branches regarding TDS deducted on interest payments. The CIT(A) upheld the AO's orders stating the assessee had a regular practice of not providing timely information for TDS verification. However, the Tribunal observed that the CIT(A) had directed the AO in previous years to verify details and consider the assessee's claims after providing a reasonable opportunity. The Tribunal found shortcomings in the AO's verification process and set aside the CIT(A)'s order, directing the AO to re-examine the matter, verifying TDS liability branch-wise and deductee-wise details of interest payments, considering Form No. 15G/15H submissions before the respective CIT, even if belated. The Tribunal allowed the assessee's appeal for statistical purposes, emphasizing the need for proper verification and opportunity for the assessee to be heard.

In conclusion, the Tribunal's decision highlighted the importance of providing adequate time and opportunity to the assessee for TDS verification. It emphasized the need for proper examination of branch-wise and deductee-wise details of interest payments and the submission of Form No. 15G/15H. The Tribunal set aside the CIT(A)'s order, directing the AO to re-adjudicate the matter with proper verification procedures and opportunities for the assessee to present relevant details. The decision aimed at ensuring fairness and justice in the assessment process, allowing the assessee's appeal for statistical purposes.