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TMI Blog2023 (11) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... etails prior to the issuance of the Show Cause Notices through e-mail. This has not been taken note of by the AO. At the same time, AO cannot be found fault as the petitioner has failed to respond to the Show Cause Notices issued under Section 201(1)/201(1A) of the IT Act. Petitioner was to not only respond but also appear for a personal hearing when the case was fixed for personal hearing on 24.11.2022 at about 11.29 a.m. A similar reply was sent on 05.09.2022 stating that the petitioner has been appointed as a nodal body to implement the Social Welfare Scheme of the State Government. A reading of the representations/replies indicates that the petitioner has not fully collated the information that was required to be furnished p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proof of Form No.15G and Form No.15H by the depositors to whom interest was paid. 4. The further case of the petitioner is that none of the regular depositors have received interest over and above Rs. 2,50,000/-. In the case of senior citizens, interest above Rs. 3,00,000/- was not paid. Therefore, it is submitted that the question of deduction of tax at source for the depositors who submitted Form No.15G and Form No.15GH does not arise. Question of deduction of tax at source will not arise only where payment of interest exceeded the aforesaid amount. 5. The petitioner was called for hearing on various dates. However, the petitioner failed to participate in the proceedings and therefore the impugned Assessment Orders have been passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld further submit that any interference would set a wrong precedent for defaulting the assessee, who fail to cooperate with the assessment proceedings to challenge the Assessment Orders without filing of Form-C. Hence, prays for dismissal of the writ petition. 12. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondent. 13. The petitioner is a Cooperative Bank which has paid interest to its depositors. While paying interest to the depositors, the petitioner has not deducted tax stating that the amount of interest varied between Rs. 25,000/- to Rs. 62,000/- in the case of those citizens who are below the age of 60 years and who had produced Form No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of tax shall be made in the case of an individual resident in India, who is the age of sixty-five years or more at any time during the previous year, if such individual furnishes to the person responsible for paying any income of the nature referred to in Section 193 or Section 194 of Section 194A or Section 194EE or Section 194K, as the case may be, a declaration in writing in effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil. 15. The petitioner appears to have furnished few details prior to the issuance of the Show Cause Notices dated 14.11.2022 through e-mail dated 05.09.2022. 16. This has not been taken note of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entations/replies dated 24.11.2022 and 05.12.2022 indicates that the petitioner has not fully collated the information that was required to be furnished prior to the Show Cause Notices dated 14.11.2022, although the petitioner has furnished few details earlier by e-mail dated 05.09.2022. This ought to have been examined by the respondent while passing the impugned Assessment Orders. 20. Considering the above, no useful purpose will be served by directing the petitioner to file a statutory appeal under Section 251 of the IT Act before the Appellate Commissioner, although the Appellate Commissioner can call for a remand report. 21. Under these circumstances, the impugned Assessment Orders are set aside and the cases are remitted back to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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