9911796707
TMI Blog2023 (4) TMI 632X X X X Extracts X X X X X X X X Extracts X X X X ..... ring. Under the circumstances, we deem it proper to decide the issue on the basis of the material available on record and after hearing the learned DR. 3. Facts of the case, in brief, are that the assessee is an AOP and filed its return of income for the impugned A.Y on 31.12.2016 declaring income of Rs.80,58,590/-. The return was processed u/s 143(1) dated 15.03.2017. Subsequently, the case was selected for complete scrutiny under CASS and statutory notices u/s 143(2) and 142(1) were issued to the assessee calling for certain details such as (a) list of persons to whom interest was paid during the relevant financial year along with the reasons for non-deduction of tax at source, (b) copy of ledger a/c in respect of contingencies, (c) cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer by observing as under: "5. Decision on Ground of Appeal No.1: 5.1 I have carefully gone through the records and facts of the case. The appellant has raised only one ground of appeal which challenge the disallowance of Rs.84,79,336/- made by the Assessing Officer u/s 40(a)(ia) of the I.T. Act. 5.2 The appellant filed its return of income for the A.Y. 2016-17 on 31.12.2016 declaring a Total Income of Rs.80,58,590/ The return was processed u/s 143(1) of the I.T. Act on 15.03.2017 by the CPC. Assessment in this case was completed u/s 143(3) of the I.T. Act on 22.12.2018 assessing the income atRs.1,65,37,926/-, wherein an addition of Rs.84,79,336/- was made by the AO u/s 40(a)(ia) of the I.T.Act. 5.3 During the course of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r non-deduction of TDS. 5.5 The appellant did not furnish the list of depositors in spite of number of opportunities granted by the AO during the scrutiny proceedings. The appellant did not furnish the list of depositors where the amount of interest paid exceeded Rs.10,000/-, the details of cases where the deduction 10% 5.5 or 20% was required and also did not furnish the copies of Form 15G and 15H. Since the appellant did not furnish any of the details as required by the Assessing Officer vide his notices amount issued of u/s 142(1) of the 1.T. Act, the Assessing Officer could not quantify the amount of interest paid on which the TDS was made by the appellant. In fact, the appellant could not prove that the TDS was deducted as per the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns are applicable, the details of TDS @10 % where the PAN of the depositor is available and @20% where the PAN of the depositor is not available. Also, in the cases where PAN was not available, Form 15G and15H of the depositors for non-deduction of TDS was also not submitted. The appellant did not provide these details till the passing of the assessment order u/s 143(3) of the I.T. Act on 22.12.2018. Now before the First Appellate appellant has requested for calling of the remand report from the Assessing Officer as it has filed the additional evidences before him, which were not filed before the Assessing Officer. However, it is observed that none of the clauses of Rule 46A(1)of the I.T. Rules are applicable to the facts of case as the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, the ClIT Appeals failed to consider properly the clauses of Rule 46A(1), not admitting the evidences, ought to have been admitted before him as per Rule 46A(2), denying the opportunity of being heard to the assessee. 4. That on the facts and in the circumstances of the case and in law, the learned A0, without giving the opportunity of being heard to the assessee has passed an order without adhering to the principle of natural justice. 5. That the aforesaid grounds of appeal are without prejudice to each other . 6. That the relief prayed for may kindly be allowed and the order of the CIT (A) may kindly be quashed, set aside, annulled or modified. 7. The Appellant craves leave to add, amend, alter vary and/ or withdraw any or all t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o prove that the TDS has been deducted from the interest amount aggregating to Rs. 2,82,64,453/- or that the TDS provisions are not applicable. The Assessing Officer shall decide the issue as per fact and law after affording due opportunity of being heard to the assessee. The assessee is also hereby directed to appear before the Assessing Officer and file the requisite details failing which the Assessing Officer is at liberty to pass appropriate order as per law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.
7. In the result, appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the Open Court on 13th April, 2023. X X X X Extracts X X X X X X X X Extracts X X X X
|
