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TMI Blog2024 (12) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... ited by the assessee in favour of PNC Infratech Limited and said Form No. 16A is placed. These documents/evidences are filed for the first time before ITAT. Thus, based upon these documents /evidences, which are now filed before me for the first time and the statement made by assessee before the Bench, the assessee must succeed in this appeal. However, since the documents are filed for the first time before me, they require verification. Allow the appeal of the assessee and direct AO to grant appropriate credit for TDS/Interest deposited by the assessee after verifying the documents. Before Parting, I would also like to highlight unfortunate manner in which the authorities below has dismissed the contentions of the assessee. The department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n law and on facts in passing the order without considering that the due TDS was duly deducted and deposited within stipulated time. 4. That the learned Commissioner of Income Tax(NFAC) has erred in law and on facts in arbitrary imposing interest u/s 201(1A) of the Income-tax Act, 1961 amounting to Rs. 1,59,554/-. 5. That the order is bad in law and against the facts of the case. 6. That any other relief or reliefs deemed fit in the facts and circumstances of the case may be granted. The appellant craves leave to add, alter or vary the grounds of appeal before or at the time of hearing. 3.Brief facts of the case are that the assessee is engaged in the business of road construction. It acquires road construction contracts and further sub con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee filed first appeal with ld. CIT(Appeals), and the ld. CIT(Appeals) dismissed the appeal of the assessee vide appellate order dated 28.04.2023. During Appellate proceedings, Ld. CIT(Appeals) issued five notices to the assessee which remained un-complied with by the assessee, and Ld. CIT(Appeals) affirmed the order of the Assessing Officer. The ld. CIT(A) observed that the assessee could not submit verifiable proof to substantiate that TDS was duly deposited by it. Thus, the appeal filed by the assessee was dismissed by ld. CIT(A). 5. Still aggrieved, the assessee has filed second appeal with the Tribunal. The ld. Counsel for the assessee Shri Deepender Mohan, CA appeared before the Bench, and submitted that the assessee has filed pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prayed that the appeal of the assessee be allowed. 5.2 Ld. Sr. DR submitted that the assessee has produced these documents in paper book at page 1-4 for the first time before the ITAT and these are additional evidences which requires verification. The ld. Sr. DR prayed that the matter can be restored back to the file of Assessing Officer for verification. 6.I have considered rival contentions and perused the material on record. I have observed that the Assessing Officer has treated the assessee as an assessee-in-default u/s. 201(1) and 201(1A) of the Act for non-compliance of TDS provisions u/s. 194C with respect to payment of Rs. 1,69,73,793/- made by the assessee to its subcontractors PNC Infratech Limited and S.P. Singla Construction Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rovided by the appellant in Form No. 35, it is observed that the appellant is contending that the relevant TDS claimed to have been deducted as per the Form No. 16A originally generated through TRACES on 15.06.2017 covering the details of TDS. However, with reference to this, appellant could not provide any further supporting proofs to adduce that the relevant TDS as claimed having deducted on these payments made to sub-contractors. In spite of availing sufficient time and opportunities, appellant could not provide any supporting workings/proofs which adduce appellant s fulfilment of TDS provisions u/s 194C of I.T. Act resulting in final deposit of such TDS to Government account so that provisions u/s 201(1) and 201(1A) of I.T Act are not a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue as downloaded from Traces for the fourth quarter of financial year 2016- 17 (assessment year 2017-18) (Certificate No. DNYYWOO), wherein said TDS amount of Rs. 3,39,476/- is found credited to the credit of PNC Infratech Ltd. (PAN AACCP0377Q) for deduction of tax at source u/s. 194C on amount paid/credited of Rs. 1,69,73,793/- by the assessee in favour of PNC Infratech Limited. The said Form No. 16A is placed at page 4/paper book. These documents/evidences are filed for the first time before ITAT. Thus, based upon these documents /evidences, which are now filed before me for the first time and the statement made by ld. Counsel for the assessee before the Bench, I am of the considered view that the assessee must succeed in this appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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