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2018 (1) TMI 1736 - ITAT JAIPURTDS u/s 194A - Addition u/s 40(a)(ia) - appellant has paid interest to a number of person without deducting tax at source - assessee as 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) - HELD THAT:- This proviso to Section 201 inserted w.e.f. 01/07/2012 wherein it is stated 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 After considering both the sides on this issue and considering the decision of Hindustan Coca Cola Beverages (P) Ltd. [2007 (8) TMI 12 - SUPREME COURT] and other various other judicial pronouncements, the Bench is of the view that this matter needs to be restored back to the file of the Assessing Officer to verify the fulfillment of technical requirement of furnishing certificates of accountant and also to verify the fact that return of income have been filed by payee and paid taxes due thereon. Appeal of the assessee is allowed for statistical purposes only.
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