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TMI Blog2021 (3) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... he order afresh after considering the submissions of the assessee, including the pattern of shareholding of the directors of the assessee. Needless to direct that before passing the order, the ITO, TDS shall grant fair and proper opportunity to the assessee and pass the order in accordance with law. So far as, objection of the DR for the Revenue that holding pattern shareholding should not be examined afresh, we are afraid to hear such a submission from ld. DR of the Revenue. The submission of learned DR for the revenue is not acceptable to us, which will be amounting to close the door of audi alterum pattern. - I.T.A. Nos. 3160/AHD/2014 and 2054/AHD/2016 - - - Dated:- 3-3-2021 - Pawan Singh , Member ( J ) And Dr. Arjun Lal Saini , M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to Bank against loan taken by company. The T.D.S. and interest u/s. 201(1A) levied of ₹ 11,99,392/- should be deleted. III. The learned CIT(A) has grievously erred in law and on facts in holding that payment to Directors are covered u/s. 2(22)(e) and thereby u/s. 194 of the Act without appreciating the facts that in Assessment Order u/s. 143(3) of the Act the transactions were accepted as non-loan transactions. The T.D.S. and interest levied at ₹ 11,99,392/- should be deleted. IV. The learned CIT(A) has grievously erred in law and on facts in holding that payment of ₹ 2,84,682/- was made to Director Shri Jitendrabhai L. Patel whereas no payment was made to him, disregarding the facts of payment made to ICICI Ban ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01(1A) and the penalty under section 271(1)(c) of the Act. The AO noted that neither the assessee appeared nor filed any submission. The AO passed the order under section 201(1) and 201(1A) dated 26.03.2013. 4. On appeal before the ld. CIT(A) the action of AO was confirmed. The ld. CIT(A) while confirming the action of AO noted that hearing of appeal was fixed on 03.06.2014, on which the adjournment was sought on behalf of assessee and hearing was fixed on 12.08.2014. In the meantime, the notice dated 07.08.2014 was issued for fixing the case on 22.08.2014. The ld. CIT(A) noted that none appeared on behalf of the assessee on 22.08.2014, nor any application for seeking adjournment was made. The ld. CIT(A) in absence of submission and evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore than 10% of share in the assessee company. Shri Rajesh Patel was not holding more than 10% of the shareholding. The order of ITO-TDS is not sustainable. The learned AR for the assessee prayed that matter may be restored to the file of the AO to decide all the issues afresh after giving fair and proper opportunity. 6. On the other hand, the learned DR for the Revenue submits that assessee was given three (03) days' time which was sufficient for making compliance. The assessee neither attended the office of ITO-TDS nor furnished any explanation. Similarly, before the ld. CIT(A), the assessee has not given any explanation despite affording opportunity. The DR for the Revenue submits that in case the Bench is of the view that the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the fire of AO to pass the order afresh after considering the submissions of the assessee, including the pattern of shareholding of the directors of the assessee. Needless to direct that before passing the order, the ITO, TDS shall grant fair and proper opportunity to the assessee and pass the order in accordance with law. 9. So far as, objection of the DR for the Revenue that holding pattern shareholding should not be examined afresh, we are afraid to hear such a submission from ld. DR of the Revenue. The submission of learned DR for the revenue is not acceptable to us, which will be amounting to close the door of audi alterum pattern. 10. In the result, appeal of assessee in ITA No. 3160/AHD/2014 for A.Y. 2008-09 is allowed for stat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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