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2015 (12) TMI 1536 - AT - Income TaxTDS u/s 194A - Disallowance made under section 40(a)(ia) - interest paid to Chatrapati Sambhaji Maharaj Patasanstha Limited - Held that:- Where the assessee had made payment on account of interest expenditure to which the provisions of section 194A of the Act are applicable, the onus was upon the assessee to deduct TDS and in absence of the same, the said expenditure is liable to the disallowed in the hands of assessee, in view of the provisions of section 40(a)(ia) of the Act. We uphold the order of CIT(A) in this regard. The issue raised in the present appeals is squarely covered by the order of Tribunal in Bhavook Chandraprakash Tripathi (2015 (3) TMI 803 - ITAT PUNE ) and following the same parity of reasoning, we deem it fit to restore the matter back to the file of Assessing Officer, who shall consider the plea of the assessee based on the provisions of the Act inserted by the Finance Act, 2012 w.e.f. 01.04.2013 and in line with earlier order of the Tribunal dated 06.01.2014 (supra), the Assessing Officer is directed to adjudicate the issue in accordance with law after affording reasonable opportunity of hearing to the assessee.
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