9911796707
TMI Blog2014 (12) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... aid to the govt. treasury. Our observation will not impair or injure the case of the Assessing Officer and will not cause any prejudice to the defense/explanation of the assessee. The assessee will be at liberty to raise any plea or submit any evidence in support of its explanation. - Matter remanded back - Decided in favour of assessee. - IT APPEAL NOS. 488 & 1610 (BANG.) OF 2012 - - - Dated:- 1-12-2014 - RAJPAL YADAV AND JASON P. BOAZ JJ. For The Appellant : J. Ananthan, CA For The Respondent : Farhat Hussain Qureshi, CIT (DR) ORDER Rajpal Yadav, Judicial Member - The present two appeals are directed at the instance of the assessee against the common order of the learned CIT (A) dated 10.02.2012 passed for assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5,977/-. The assessee was not satisfied with the order of the Assessing Officer, it filed an appeal before the CIT (A). It contended that the Bank had made various provisions during its banking business. It has neither credited the account of these parties, nor made the payments. It was merely a provision and for creating a provision, the assessee was not supposed to deduct the TDS. One of the instances regarding the TPV charges of ₹ 2,40,00,000/- paid to the sister concern namely M/s ING Vysya Financial Services Ltd, was brought to the notice of the CIT (A). The CIT (A) has remited the dispute with regard to non deduction of tax on this alleged payment. According to the learned CIT (A), M/s ING Vysya Financial Services Ltd had filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers of the revenue authorities below. He contended that the assessee failed to bring specific details before the learned revenue authoriteis below, therefore, it should not be permitted to raise such type of plea before the Tribunal. 4. We have duly considered the rival contentions and gone through the record carefully. As far as the details are concerned, those must have emerged during the course of survey. The question is whether the details have appreciated in right perspective or merely the liability has been raised on account of non contest of the issue at the end of the assessee. Even if the assessee did not contest the issue before the Assessing Officer, it has a right to appeal and it can apprise the higher authorities about the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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