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TMI Blog2014 (7) TMI 259X X X X Extracts X X X X X X X X Extracts X X X X ..... - similar provision made in the previous period has been allowed to the assessee - the assessee has a reasonable case and the orders of the authorities is to be set aside – Decided in favour of Assessee. Payment of internal tax auditor – Liability to pay TDS on salary or u/s 194J as professional fee – Held that:- CIT(A) rightly held that the payments to those persons did not attract liability of TDS u/s 194J of the Act - the payment is related to the salary payment there is no question of deduction of TDS u/s 194J of the Act – thus, there was no infirmity in the order of the CIT(A) – Decided against Revenue. Non-deduction of TDS – Form 15G not obtained - Held that:- CIT(A) noted that several Form-15G were received by the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision made by the assessee was not based on facts but merely on surmise and the figure has not been ascertained on actual basis. The AO further observed that the assessee failed to justify that the loans had become bad or for that matter interest receivable from those loans, the assessee was required to create such reserve and no details have been filed. The AO further mentioned that there was never such type of claim in any of the past asstt.years. Hence AO made the disallowances. 3.1. Upon assessee s appeal the ld. CIT(A) confirmed the disallowance by holding as under :- I have considered the submissions of the A.R. of the appellant. I find that the claim of Overdue Interest Reserve has been made in the Profit and Loss Acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowable. Furthermore we note that similar provision made in the previous period has been allowed to the assessee. In such circumstances we find that the assessee has a reasonable case and the orders of the authorities below deserve to be set aside on this issue. Hence accordingly we set aside the orders of the authorities below and decide the issue in favour of the assessee. 6. In the result the appeal of the assessee stands allowed. ITA No.204/Kol/2011 (Revenue s appeal) : 7. The grounds of appeal reads as under :- 1. Whether on the facts and in the circumstances of the case the Ld.CIT(A) XXX, Kolkata was justified in deleting the disallowance the payment of Internal Tax Auditor by accepting the assessee s plea that this w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el and perused the records. We find that since the payment is related to the salary payment there is no question of deduction of TDS u/s 194J of the Act. Accordingly we do not find any infirmity in the order of the ld. CIT(A) and we uphold the same. 11. Apropos ground no.2 : On this issue the AO noted that the assessee was asked to furnish details of interest where the assessee is required to make TDS but no TDS was made. He further observed that Form 15G was also not obtained. Hence the AO made disallowance of ₹ 1,53,749/- in this regard. 12. Upon assessee s appeal the ld. CIT(A) noted that several Form-15G were received by the assessee and they were sent to the CIT s office under Certificate of posting. Further the ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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