2016 (12) TMI 948 - AT - Income Tax

Non deduction of TDS on the interest payments to the loan creditors - Section 197 - rejection of Form 15G - Disallowance made under section 40(a)(ia) - Held that - The assessee has submitted Form 15G before the Assessing Officer during the course of hearing. However, the Assessing Officer has rejected Form 15G filed by the assessee since the Assessing Officer was not an authority to accept the same. During the course of appellate proceedings, when the ld. CIT(A) has specifically asked the assessee to produce copy of Form 15G/15H, the assessee could not produce the same, for which, the ld. Counsel for the assessee has not assigned any reason before us. Under these circumstances, in the interest justice, we direct the assessee to file copy of Form 15G/15H before the ld. CIT(A) and the ld. CIT(A) is also directed to verify the same and decide the issue afresh in accordance with law after allowing an opportunity of hearing to the assessee. Thus, the ground raised by the assessee is allowed for statistical purposes.

Summary

Issues involved:
Disallowance under section 40(a)(ia) of the Income Tax Act, 1961 for failure to deduct TDS on interest payments.

Analysis:
The appeal was filed against the order of the ld. Commissioner of Income Tax (Appeals) concerning the disallowance made under section 40(a)(ia) of the Income Tax Act, 1961. The assessee, engaged in textiles trading, filed the return for the assessment year 2012-13, which was processed under section 143(1) of the Act. Subsequently, the case was selected for scrutiny, and the assessment was completed under section 143(3) of the Act, disallowing Rs. 7,19,076 for failure to deduct TDS on interest payments to loan creditors. The ld. CIT(A) confirmed the disallowance due to the assessee's failure to submit proof of Form 15G/15H during the appellate proceedings.

Upon appeal to the Tribunal, the assessee argued that the disallowance should be deleted as they had obtained Form 15G/15H but were not aware of the correct jurisdiction for filing. The Assessing Officer noted that although the assessee claimed to have obtained Form 15G/15H, they failed to furnish proof of filing it with the ld. CIT. The Tribunal observed that the assessee had submitted Form 15G during the assessment proceedings, but it was rejected as the Assessing Officer was not authorized to accept it. During the appellate proceedings, the assessee could not produce Form 15G/15H before the ld. CIT(A) without providing a reason.

In light of the above, the Tribunal directed the assessee to file a copy of Form 15G/15H before the ld. CIT(A) for verification and a fresh decision. The ground raised by the assessee was allowed for statistical purposes, leading to the appeal being allowed on those grounds.

In conclusion, the Tribunal's decision highlighted the importance of complying with TDS requirements and submitting necessary documentation, emphasizing the need for proper verification and adherence to procedural requirements during appellate proceedings to ensure a fair and just outcome.