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2011 (11) TMI 510 - AT - Income TaxNon-deduction of TDS on payment of interest - Dis-allowance u/s 40(a)(ia) - non-deposit of From No.15G collected from payee in the Department - Held that:- Failure on the part of the assessee, who is the payer of the interest, to file the declarations given to him by the payees of the interest, within the time limit specified in sub-section (2) to section 197A is distinct and separate and merely because there is a failure on the part of the assessee to submit the declarations to the income-tax department within the time limit, it cannot be said that the assessee did not have declarations with him at the time when he paid the interest to the payees. That would be a separate matter and separate proof and evidence is required to show that even when the assessee paid the interest, he did not have the declarations from the payees with him and therefore he ought to have deducted the tax from the payment. No such evidence or proof has been brought by the department - Decided in favor of assessee. Unexplained direct expenses - assessee failed to furnish details of expenses executed for work - Held that: AO has not found any abnormality in assessment of AY 2007-08, and the expenses are exactly similar and the nature of business and competitiveness of business, where direct expenses were incurred for earning professional income to the P & L Account, are found reasonable and fair. CIT(A) justified in deleting addition - Decided in favor of the assessee.
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