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TMI Blog2018 (2) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... deal with identical facts similar to that prevailing in the asst. years 2011-12 and 2012-13, where the AO was directed by CIT(A) to verify and examine the issue afresh and consider the assessee’s claim after affording the assessee adequate opportunity of being heard. As clear from the record as to how many cases of payment of interest the assessee was having Form No.15G/15H and whether these Forms were at all submitted with the jurisdictional CIT. CIT(A)'s rejecting the assessee’s claims which are presently before us for consideration, cannot be sustained in view of the observations by the CIT(A) of the lacuna and shortcomings of the AO in carrying out proper verification in the TDS made on interest payments. Set aside the impugned orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the CIT(A), the assessee has preferred appeal before the Tribunal, wherein it has raised the following grounds : 1. The order u/s. 201/201(1A) of the learned Commissioner of Income-tax (A)in respect of the Assessment year 2013-14 determining the TDS Liability at ₹ 7.52 crore is against law, weight of evidence and probabilities of the case. 2. The learned CIT (A) ought to have given sufficient opportunity for furnishing the particulars of interest payments made by the bank and that an opportunity should be given for the bank to furnish the furnished before the jurisdictional CIT copies of form No. 15G/15H. 3. The learned CIT (A) has erred by concluding that just because the copies of Form No. 15G/15H were not furnished ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed by the appellant. 3.2 We have heard rival contentions of the ld AR for the assessee in support of the grounds raised and the ld DR in support of the impugned order of the CIT(A). The grounds raised (Supra) are in respect of the treatment of the assessee by the authorities below as an assessee in default u/s 201(1) of the Act for failure on its part to deduct tax at source on interest payments as required u/s 194A of the Act. While disposing the assessee s appeal, the CIT(A) considered the issue and held as under at paras 5 to 6 thereof. 5.0. It is clear from the above that the AO completed the TDS assessment and passed order u/ s 201/201 (1A) of the Act without giving sufficient time and opportunity. In the case of appellant b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information from all its branches. It is assessee's duty to comply with the TDS provisions and to keep the information ready which is mandatori ly to be maintained as per the TDS provisions. Whenever jurisdictional AO calls for information for TOS verification it is the assessee's duty to co-operate and provide the information viz complete particulars of interest payments branch wise and deductee wise and filing of the Form I5G/15H which has to be filed before jurisdictional CITs within prescribed time. In this case the assessee has failed to provide the information in time to complete the TDS verification process and to pass the order u/s 201(1)/201(IA) of the Act. Hence the disallowance made by the AO is in order and is upheld. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or AYs. 2011-12 and 2012-13 had an occasion to deal with identical facts similar to that prevailing in the asst. years 2011-12 and 2012-13, where the AO was directed by CIT(A) to verify and examine the issue afresh and consider the assessee s claim after affording the assessee adequate opportunity of being heard. In the case of hand it is not clear from the record as to how many cases of payment of interest the assessee was having Form No.15G/15H and whether these Forms were at all submitted with the jurisdictional CIT. In this factual matrix of the case, as discussed above, we are of the opinion that the impugned order of the CIT(A) rejecting the assessee s claimss which are presently before us for consideration, cannot be sustained in vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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