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TMI Blog2018 (8) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... m Patel- KNR (JV) u/s 133(6) of the Act, was supplied at the time of appellate proceedings to the AR of the assessee. - Held that:- assessee, has TDS certificate issued by the concern and corresponding income has been shown. That is, if the assessee has in his possession TDS certificates and the corresponding income against the TDS so deducted has been offered for taxation, there should not be any addition. - Decided against the revenue. - ITA No. 1344/Kol /2016, Cross objection No. 50/Kol/2016 - - - Dated:- 13-8-2018 - SHRI S. S. GODARA, JM And DR. A.L.SAINI, AM Appellant by : Shri S. Dasgupta, Addl. CIT ( DR ) Respondent by : Shri Akash Bansal, FCA ORDER Per Dr. A. L. Saini: The captioned appeal filed by the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w we shall take ground No.1 raised by the Revenue which relates to expenses on account of hire charges, paid to different parties by the assessee, though TDS has not been deducted on the same, as such, not allowable u/s 40(a)(ia) of the Act. 5. When this appeal was called out for hearing, learned counsel for the assessee invited our attention to the order dated 05.10.2016, passed by the Division Bench of this Tribunal in assessee s own case in ITA No.2734/Kol/2013 for the Assessment Year 2009-10 whereby the issue of TDS on hire charges has been dealt with.The Learned counsel for the assessee submitted before us that the present appeal is squarely covered by the aforesaid order of the Tribunal, a copy of which was also placed before the B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from April 1, 2013 went to show that the legislature was not in favour of creating undue hardship for assessee and that clause (ia) should not be construed as creating such hardship. The said limited submission of the assessee was dealt with by the Hon'ble High Court in paragraph 21 of its judgment. The question before Hon'ble Calcutta High Court was as to, whether clause (ia) only applied to amount outstanding at the end of the year and not in respect of payments actually made during the previous year or not? Hon'ble Calcutta High Court was pleased to hold that clause (ia) was applicable not only in respect to outstanding amounts but also amounts paid. In deciding the said controversy, the Hon'ble Calcutta High Court was pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Finance (No.2) Act, 2004. In view of this, I am of the view that matter needs fresh adjudication in the light of the fact that the AO will carry out necessary verification in regard to related payments having been taken into account by the recipient in computation of its income and verification of payment of taxes in respect of such income and also filing of income tax return by the recipient. In term of the above, the second aspect argued by Ld. counsel is restored back to the file of the AO and assessee will provide all the details in terms of second proviso to sec. 40(a)(ia) of the Act. From the above precedents, we find that the Amendment has come into effect with retrospective date and as per the amended provision if the payee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 31.03.2007. In other cases no information was received, therefore, ld AO concluded that assessee had claimed bogus liability of ₹ 39,56,778/-. In respect of sundry debtors, the assessee had disclosed bill receivable to the tune of ₹ 71,34,153/- against actual amount of ₹ 62,90,591/-. The ld AO noted that assessee had credited bill receivable in excess of ₹ 8,43,562/- ( ₹ 71,34,153 - ₹ 62,90,591) and shown as an asset in the Balance Sheet. Since the assessee neither made any reconciliation nor offered any explanation therefore, ld AO made addition under section 69B of the Act to the tune of ₹ 8,43,562/- 11. On appeal, Ld CIT(A) deleted the addition made by ld AO. Aggrieved by the order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iterated the stand taken by the Assessing Officer which we have already noted in our earlier para and is not being repeated for the sake of brevity. 14. We have given a careful consideration to the rival submissions and perused the materials available on record, we note that the assessee claimed that information collected u/s 133(6) was not provided to the assessee at the time of assessment proceedings. The information so collected by AO from Patel- KNR (JV) u/s 133(6) of the Act, was supplied at the time of appellate proceedings to the AR of the assessee. The information collected in Excel Worksheet and those were not ledger copy. As per E-TDS return (Form 16A) amount paid ₹ 2,24,202/- u/s194I and TDS amount ₹ 33,630/- and a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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