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2014 (12) TMI 1200 - AT - Income TaxDisallowance u/s 40(a)(ia) - non deduction of tds on interest expense - Held that:- A.R, has not placed any material on record to demonstrate that the India Bulls has filed return of income u/s. 139(1), had offered the amounts received from Assessee as its income and has paid the tax on such income. Further, we find that the decision of the Co-ordinate Bench in the case of Rajiv Kumar Agarwal (2014 (6) TMI 79 - ITAT AGRA ) was not available before A,O. and CIT(A). We therefore feel that the issue where the Assessee has not deducted TDS but payee has paid the taxes needs to be re-examined by the A.O in the light of the aforesaid decision of Agra Tribunal and we therefore set aside the issue to the file of A.O for him to decide the issue in the light of decision of Agra Tribunal and in accordance with law. - Decided in favour of assessee for statistical purpose.
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