2019 (1) TMI 1265 - AT - Income Tax

Short deduction and interest on short deduction - directing the AO to recompute the demand after accepting fresh evidence and its verification of documents produced by the assessee - addition made u/s 195 - Held that - We are of the view that no interference is called for in the matter. Though it is well settled that CIT(A) should not set aside the issue to the AO as per law but in the present case the Tribunal while deciding the appeal of the assessee vide order dated 10/12/2018 has already restored the issue to the file of AO for deciding the issue afresh, therefore, following the order of the Tribunal for the same assessee for same assessment year, no further directions are required in the matter. The Departmental appeal has become infructuous on deciding the appeal of the assessee separately.

Summary

Issues:
Appeal against CIT(A) order setting aside matter to AO for re-computation of demand instead of deciding under Rule 46A.

Analysis:
1. The case involved an appeal by the Revenue against the order of the CIT(A) setting aside the matter to the Assessing Officer (AO) for re-computation of demand. The issue was whether the CIT(A) had erred in law by directing the AO to recompute the demand after accepting fresh evidence and verifying documents produced by the assessee instead of deciding the matter under Rule 46A of the IT Rules.

2. The facts revealed that the deductor, in this case, the Joint Secretary of the Organizing Committee for Winter Games, had not deducted TDS against payments made to certain foreign companies for EPC and technical consultancy contracts. The AO issued a show cause notice to the assessee for default under section 201 of the IT Act for non-deduction of TDS. The assessee contended that gross contractual payments were made to specific companies, including foreign entities, without TDS deduction.

3. The AO proceeded to pass an order for short deduction and interest under sections 201(1) and 201(1A) of the Act. The matter was then appealed before the CIT(A), who directed the AO to recompute the short deduction after considering the evidence presented by the assessee. The CIT(A) emphasized that if the AO was satisfied that the payments were duly accounted for by the organizations in their income tax returns, relief should be granted to the assessee.

4. During the proceedings, the Departmental Representative (DR) argued that the CIT(A) had no authority to remand the matter to the AO for re-computation based on fresh evidence. However, the assessee's counsel highlighted a previous Tribunal order for the same assessment year, which directed a similar restoration of matters to the AO for examination of bills. The counsel requested the dismissal of the departmental appeal due to the ongoing restoration process.

5. The Tribunal, after hearing both parties, concluded that no interference was necessary in the matter. While acknowledging the general principle that the CIT(A) should not remand issues to the AO, the Tribunal noted that a previous order had already directed a similar restoration for the same assessee and assessment year. Therefore, the Tribunal decided to follow the precedent set by its earlier order, rendering the departmental appeal inconsequential.

6. Ultimately, the Tribunal dismissed the Departmental appeal, stating that it had become infructuous due to the ongoing restoration process initiated by a previous order for the same assessee and assessment year.