9911796707
TMI Blog2015 (4) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... orm was not submitted to the C.I.T. - Held that:- On identical issue in the case of S.S.Impex (2011 (9) TMI 927 - ITAT KOLKATA), Capital Transport Corpn (2011 (8) TMI 1068 - ITAT KOLKATA) the ITAT Kolkata Benches have held that if the assesse has received form No.15G the same has not been submitted to the appropriate authorities, no disallowance can be made u/s 40(a)(ia) of the Act. In the present case also the issue lies on the same point that Form No.15G for non deduction of tax at source has been received by the assesse but the same was not submitted before the appropriate authority i.e. CIT. Accordingly following the decision of the ITAT, Kolkata Benches (supra) no disallowance can be made u/s 40(a)(ia) of the Act. - Decided in favour o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... companies amounting to ₹ 3,50,000/-, 35,00,000/-, 33,00,000/- and 3,60,000/- as mentioned at page 6 of the assessment order. The AO was of the view that the assesee was a shareholder of the aforesaid four companies having substantial interest and therefore granting of such loan has been treated as deemed dividend within the meaning of section 2(22)(e) of the Act. 3.1. Before the ld. CIT(A) the assessee made the submissions. After considering the submissions the ld. CIT(A) at para 4.2 of his order following the decision of the Jurisdictional High Court in the case of Pradip Kumar Malhotra reported in 338 ITR 538 deleted the addition. 4. We have heard the rival contentions and perused the facts of the case. The undisputed fact in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tly deleted the addition made by AO. Thus ground no.1 of the revenue is dismissed. 5. As regards ground no.2 of the revenue the brief facts of the case are that AO made the disallowance u/s 40(a)(ia) of the Act which was deleted by ld. CIT(A) vide para 5.2 of his order following the decisions of the Jurisdictional Tribunal in the case of S.S.Impex ITA No.977/Kol/2011, Capital Transport Corpn ITA NO.1753/Kol/2009 and in the case of Keshan Logistic ITA No.202/Kol/2011. 6. We have heard the rival contentions and perused the facts of the case. In the present case the mere controversy is that the AO was of the view that though the assessee received Form No.15G for non deduction of tax the said form was not submitted to the C.I.T. The asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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