9911796707
TMI Blog2022 (2) TMI 916X X X X Extracts X X X X X X X X Extracts X X X X ..... roviso to section 40(a)(ia) of the Act, the issue may be set aside to the file of the Assessing Officer. We find that an identical issue has been considered by the Tribunal in the case of M/s. Mani Nagappa Motors Madurai P. Ltd [ 1998 (5) TMI 6 - SUPREME COURT] where under identical circumstances, the Tribunal set aside the issue to file of the Assessing Officer for verification of claim of the assessee that payees had duly offered payments in their income tax returns and paid due taxes thereon. In this view of the matter and consistent with the view taken by the co-ordinate Bench, we set aside order passed by the learned CIT(A) and restore the issue to file of the Assessing Officer and direct the Assessing Officer to reconsider the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... call back on completing the assessment only under section 153A of the Act in view of the overriding clause inbuilt therein. 4. The CIT (Appeals) failed to appreciate that there could not be parallel assessment proceedings including the initiation and completion of reassessment after search in view of the combined reading of the provisions governing search assessment and ought to have appreciated that the Assessing Officer was only empowered to assess or reassess the taxable total income pertaining to the assessment year under consideration only u/s. 153A of the Act, thereby vitiating the decision rendered in para 6.6 of the impugned order. 5. The CIT (Appeals) failed to appreciate that in the light of the entire records available ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he CIT (Appeals) failed to appreciate that there was no proper opportunity given before passing of the impugned order and any order passed in violation of the principles natural justice would be nullity in law. 3. Brief facts of the case are that the assessee is engaged in the business of transport contractor filed his return of income for assessment year 2010-11 on 17.09.2010 declaring total income of ₹ 17,34,810/-. The assessment has been completed u/s. 143(3) of the Income Tax Act, 1961, on 21.03.2013 and determined tax payable at ₹ 62,270/-. The case has been subsequently reopened u/s. 148 of the Act and assessment has been completed u/s. 144 r.w.s. 147 of the Income Tax Act, 1961, on 29.12.2016 and determined total inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax returns and paid due taxes thereon in terms of second proviso to section 40(a)(ia) and first proviso to sub-section (1) of Section 201 of Income Tax Act, 1961. 5. The learned D.R., on the other hand, fairly agreed that there is no objection from the department, if the issue is set aside to the file of the Assessing Officer for verification. 6. We have heard both the parties, perused material available on record and gone through orders of the authorities below. The only issue that needs to be resolved in the given facts circumstances of this case is disallowance of expenses u/s. 40(a)(ia) of the Act for non-deduction of TDS under respective provisions of the Act. The assessee claims that although it had not deducted TDS on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce Capital Ltd. for getting Form 26A, but the said company had not responded. Where the payee had included the amounts received as a part of its income and filed return after paying the taxes, assessee can always say that it cannot be deemed as one in default. By virtue of the judgment of Hon'ble Delhi High Court in the case of Ansal Land Mark Township P. Ltd. (supra), first proviso to Section 201(1) as well as proviso to Section 40(a)(ia) of the Act had to be icons trued retrospectively. Considering the facts and circumstances of the case, we are of the opinion that issue requires a fresh look by the Id. Assessing Officer. Ld. Assessing Officer can use the powers vested on him for getting the required information from M/s. Reliance Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istical purposes. 7. In this view of the matter and consistent with the view taken by the co-ordinate Bench, we set aside order passed by the learned CIT(A) and restore the issue to file of the Assessing Officer and direct the Assessing Officer to reconsider the issue in light of claim of the assessee and also second proviso to section 40(a)(ia) of the Act. 8. As regards legal grounds taken by the assessee challenging validity of reassessment order passed u/s. 144 r.w.s. 147 of the Act, we find that the learned A.R. has made a statement at Bar that the assessee does not want to press the legal ground and hence, those grounds taken by the assessee challenging validity of assessment order passed u/s. 144 r.w.s. 147 of the Act has been ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
