TMI Blog2022 (12) TMI 636X X X X Extracts X X X X X X X X Extracts X X X X ..... mpany has signed, but in Page No. 17 the assessee produced the Interest Challan payment of Rs. 4,030/- remitted into Central Bank of India more particularly under the caption Minor Head 200 TDS/TCS payable by taxpayer. Thus, the assessee having paid the interest of Rs. 4,030/- the assessee cannot be construed as an assessee in default. Therefore, the provision of Section 40(a)(ia) cannot be applied in assessee s case. Thus, the Ld. Assessing Officer and the CIT(A) has not considered the provision of Section 201(1) of the Act which is not justifiable in law. Therefore, the addition made under Section 40(a)(ia) by the Assessing Officer is hereby deleted. Appeal filed by the assessee is allowed. - I.T.A. No.108/Rjt/2020 - - - Dated:- 9- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 40(a)(ia) of the Act. On further appeal before the Ld. CIT(A) the assessee contended relying upon the proviso to Section 201(1)(a) wherein it is specifically stated that any person who fails to deduct TDS for the whole or any part of the tax, in accordance with the provisions of the Act, on the sum paid to resident or on the sum credited to the account of the resident, shall not be assessee in default in respect of such tax. If such resident (i) has furnish return of income under Section 139; (ii) has taken into account such sum for computing income in such return of income; (iii) has paid the tax due on the income; (iv) and the person furnishes certificate of the Auditors in such forms as merit described. Thus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of Rs. 1,80,778/-. The Ld. Counsel submitted though the Ld. Assessing Officer in his remand report proceedings held that the assessee not being in default. However, the Ld. CIT(A) disallowed the claim of the assessee, without considering Section 201(1)(a) of the Act. The Ld. Counsel further relied upon Agra Bench of the ITAT in the case of Rajeev Kumar Agarwal in ITA No. 338/Agra/2013 wherein it is held as follows: It was, inter alia, contended by the assessee that in view of the insertion of second proviso to Section 40(a)(ia) by the Finance Act 2012, and in view of the fact that the recipients of the interest have already included the income embedded in these payments in their tax returns filed under section 139, disallowance unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 83 dated 22.12.2018. Further as held by the Ld. CIT(A) there is no signature by Chartered Accountant, but Director of the assessee company has signed, but in Page No. 17 the assessee produced the Interest Challan payment of Rs. 4,030/- remitted into Central Bank of India more particularly under the caption Minor Head 200 TDS/TCS payable by taxpayer. Thus, the assessee having paid the interest of Rs. 4,030/- the assessee cannot be construed as an assessee in default. Therefore, the provision of Section 40(a)(ia) cannot be applied in assessee s case. Thus, the Ld. Assessing Officer and the CIT(A) has not considered the provision of Section 201(1) of the Act which is not justifiable in law. Therefore, the addition made under Section 40(a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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