Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 1317 - AT - Income TaxRevision u/s 263 - non deduction of tds on payments of rent, consultancy charges, professional charges and sales promotion charges - Held that:- TDS is deductible only if the conditions specified for deduction of TDS are existing. Hence, CIT's observation in the order that the AO's order is erroneous and prejudicial to the interest of the revenue has no basis whatsoever. The observation of the CIT that the AO's order being erroneous and prejudicial to the interest of the revenue is emanating from the show cause notice. Operative part of the order passed u/s. 263 of the Act the ld.CIT has held that he was of the view that the issue needs re-consideration, therefore, he was setting aside the issue and referring back to the table of the AO for re-consideration. Section 263 does not give any power whatsoever to the ld.CIT to remit the issue to the file of the AO without his finding that the order of the AO is erroneous insofar as it is prejudicial to the interest of the revenue - CIT's order passed u/s. 263 is not sustainable as the he has not given a finding that the order of the AO passed u/s. 143(3) of the Act is erroneous in so far as it is prejudicial to the interest of the revenue and had simply set aside the matter and referred back to the table of the AO for re-consideration. In our view this is not at all permissible u/s. 263 - Decided in favour of assessee
|