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TMI Blog2011 (8) TMI 1068X X X X Extracts X X X X X X X X Extracts X X X X ..... 76/- U/s.40(a)(ia) of the Income Tax Act,l961 for non deduction of TDS as the owners of lorries furnished Form No. 151 to the appellant firm before the date of payment of lorry hire. 2. For that on the facts and in the circumstances of the case the Commissioner of Income Tax (Appeals) has erred in disallowing lorry hire payment for non deduction of payment, however the appellant firm has filed copy of Form No. 151 before the Assessing Officer before the completion of assessment and a copy of the same was filed before the Commissioner of Income Tax (Appeals) on ground that Form No.1 5J was not filed along with Form No.151 before the Commissioner of Income Tax (Appeals), because of the lack of knowledge of the Act. 3. For that on the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he annexure to Form 26Q may contain only the names of persons as defined in the I.T. Act, 1961. The assessee could not provide any reconciliation to establish whether any TDS were made and deposited for the above discussed amount. The A/R, in his submission dated 30.12.2008 mentioned that, ..... 'assessee firm is not in possession of the copy of form 26 and it will not be possible for the assessee firm to procure the same from the efilling intermediary in such a short notice." Before the Assessing Officer, it was, inter alia, submitted that assessee had received declaration in form 15I from the truck owners. However, due to ignorance of the fact that 15J was required to be submitted, assessee did not submit form 15J alongwith form 15I rece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de order dated 20.05.2011. (iv) ITO vs. Rajesh Kr. Garg in ITA No.532/Kol/2011 of Kolkata Bench vide order dated 05.08.2011. 5. We have considered the submissions of both the parties and have perused the records of the case. ITAT, Mumbai Bench in the case of Shri Vipin P. Mehta vs. ITO in ITA No.3317/Mum/2010 vide order dated 20.05.2011, has, inter alia, held as under :- ".............All these provisions indicate that the failure on the part of the assessee, who is the payer of the interest, to file the declarations given to him by the payees of the interest, within the time limit specified in sub-section (2) to section 197A is distinct and separate and merely because there is a failure on the part of the assessee to submit the declara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfronted with the issue of disallowance under section 40(a)(ia). The availability of form15-I, however, at the time of assessment proceedings is not doubted. Therefore, in view of decision in the case of Shri Vipin P. Mehta (supra), Assessing Officer is directed to delete the disallowance of Rs. 24.74.376/-. In the result, ground Nos. 1 & 2 of the appeal are allowed. 7. Brief facts apropos ground No.3 are that the Assessing Officer noticed that assessee in its balance sheet and schedule had shown unsecured loan of Rs. 17,81,763/-. He noted that in some of the cases interest was credited without TDS. He has observed that at hearing stage the assessee's representative produced five Form 15G stated to be obtained from Smt. Koshalya Devi Heda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Auto general finance referred to above was concerned with levy of penalty. The other decisions are also not on the provisions of section 40(a)(ia). Therefore, they do not support the appellant's case. Accordingly, the disallowance of interest payment of Rs. 36,000/- is confirmed. The A.O. is directed to restrict the disallowance on interest payment to Rs. 36,000/-." 8. Having heard both the parties, we find that this issue is also covered by the decision in the case of Shri Vipin P. Mehta (supra) because here also Ld. Authorised Representative of the assessee had produced form 15H in course of assessment proceedings. This ground of the assessee is allowed. 9. In the result, appeal of the assessee is allowed. Order pronounced in the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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