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TMI Blog2021 (11) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... s itself cannot be accepted because he says on the basis of information dated 27th March 2017 an order has been passed on 26th March 2014. Moreover, this order has been discussed when the original assessment proceedings were held and as noted earlier, during the course of hearing a query was raised by the Assessing Officer and petitioner has given detailed explanation vide its letter dated 30th March 2016. Therefore, there is nothing on record to even indicate that there was any tangible material for reopening the assessment. In the case at hand, the assessment is sought to be reopened after the expiry of a period of four years from the end of relevant year and hence, the proviso to Section 147 applies which stipulates a requirement that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r should not be disallowed under Section 40 (a) (ia) of the said Act considering the fact the margins earned by the stockists were treated to be commission and petitioner was treated as an assessee in default on account of non-deduction of tax at source under Section 194H of the said Act and an order dated 26th March 2014 was passed under Section 201 (1)/(1A) of the said Act. Petitioner had submitted its detailed reply dated 30th March 2016. The assessment order came to be passed on 6th May 2016 in which this issue has not been dealt with. It is settled law as held in Aroni Commercials Limited V/s. The Dy. Commissioner of Income Tax 2 (1) and Anr. 2014 (44) taxmann.com 304 (Bom.) relied upon by Mr. Pardiwalla that once a query is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aped assessment is because information has been received from the office of the Deputy Commissioner of Income Tax, TDS -2 (1), Mumbai vide letter dated 27th March 2017 regarding applicability of Section 40 (a) (ia) of the said Act for non deduction of TDS on amount of ₹ 20,34,60,120/- paid to stockists for Assessment Year 2012-2013. According to the Assessing Officer, on the basis of the said information, an order under Section 201 (1)/201 (1A) of the said Act has been passed on 26th March 2014 by the Deputy Commissioner of Income Tax, TDS 2 (1), Mumbai, deeming petitioner in default within the provisions of Section 201 for not deducting TDS under Section 194H. This itself cannot be accepted because he says on the basis of informati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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