9911796707
TMI Blog2016 (12) TMI 948X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. - I T.A. No. 2318/Mds/2016 - - - Dated:- 8-12-2016 - Shri A. Mohan Alankamony, Accountant Member And Shri Duvvuru RL Reddy, Judicial Member Appellant by : Shri D. Anand, Advocate Respondent by : Shri Awijit Rakshit, JCIT ORDER Per Duvvuru RL Reddy, Judicial Member The appeal filed by the assessee is directed against the order of the ld. Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 194A of the Act to the interest amount paid to the loan creditors. 3. The assessee carried the matter in appeal before the ld. CIT(A). After considering the submissions of the assessee and in view of the fact that the assessee has failed to submit the proof of 15G/15H furnished to the ld. CIT, as required during the course of appellate proceedings, the ld. CIT(A) confirmed the disallowance made on this account. 4. On being aggrieved, the assessee is in appeal before the Tribunal. The ld. Counsel for the assessee has submitted that mere technical failure cannot lead to disallowance, when the assessee has taken relevant Forms in 15G/15H from various persons, but incidentally, the assessee was not aware of the correct jurisdicti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Form No. 15G/15H before the ld. CIT. During the course of appellate proceedings, the assessee failed to produce copy of Form No. 15G/15H, as stated to have been obtained from the loan creditors, before the ld. CIT(A) and therefore, the ld. CIT(A) confirmed the disallowance made by the Assessing Officer. Before us, the ld. Counsel for the assessee has argued that the assessee has obtained Form 15G/15H from various persons, but incidentally, the assessee was not aware of the correct jurisdiction with whom those forms were required to be filed. During the course of assessment proceedings, the assessee has submitted the relevant Forms vide letter dated 04.03.2015, but the same were not accepted since it was not submitted before the ld. CIT. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
