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TMI Blog2018 (1) TMI 1736X X X X Extracts X X X X X X X X Extracts X X X X ..... us other reasons and hence, the same kindly be deleted. 2. Rs.13,24,082/-: The Id. CIT(A) erred in law as well as on the facts of the case in confirming the disallowance u/s 40(a)(ia) of the Act of Rs. 13,24,082/- on account of non deduction of TDS. The disallowance so made & confirmed by the ld. CIT(A), is contrary to the provisions of law and facts hence, kindly be deleted in full. 3. The Id. AO further erred in law as well as on the facts of the case in charging interest u/s 234B, 234C & 234D of the Act and as also in withdrawing of interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. The AO has invoked the provisions of section 40(a) (ia) r.w.s 194A of the Act and has disallowed the sum of Rs. 13,24,082/- thereof. (ii) It was the contention of the appellant that the amendment made to the provisions of section 40(a) (ia) of the Act by the Finance Act, 2012 was held to be retrospective in nature by various judicial authorities as the same being declaratory and curative. It was further stated that the AO in the assessment order has stated that in the instant case under consideration, the assessee was not to be treated as 'assessee in default' in view of the first proviso to section 201(1) of the Act. Here it may be mentioned that as per the proviso to section 201 inserted w.e.f 01.07.2012, the appellant would not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated that the appellant would not be treated as assessee in default if the concerned NBFC has furnished its return of income U/s 139 of the Act and has taken into account such sums for computing income in return of income and the persons furnishes a certificate to this effect from an accountant in such form as prescribed in Form No. 26A. The ld AR has submitted that these certificate and Form No. 26A are filed in the paper book as additional evidence and for which, the assessee has prayed to admit these additional evidences in view of the decision of the Hon'ble Delhi and Calcutta High Court in the Case of CIT Vs Text Hundred India (P) Ltd. (2011) 239 CTR (Del) 263 and ITO Vs B.N. Bhattacharya (1978) 112 ITR 423 (Cal.) respectively. 5. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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