2014 (12) TMI 339 - AT - Income Tax

Non-adjudication of two grounds Facts and details submitted considered or not - Held that - From the order of the CIT(A) it is ex-facie evident that the submissions of the assessee were not considered - the CIT(A) ought to have adverted to the submissions of the assessee and passed a speaking order - the order of the CIT(A) is hereby set aside and the matter is remitted back to the CIT(A) for fresh decision Decided in favour of assessee. Disallowance u/s 40(a)(ia) TDS deducted and paid before due date of furnishing return Held that - The AO observed that the assessee-firm has paid an amount to M/s.Ramjki Hari and to Shri Ashokbhai Ramjibhai towards interest on unsecured loan availed from them - the assessee has not raised any objection against the disallowance made u/s.40(a)(ia) of the Act - CIT(A) has confirmed the addition made by the AO on the basis that the payments to the parties were made after 31/03/2005 and there is no evidence of deduction of tax prior to 31/03/2005 - after considering the totality of the facts of the case the issue is also to be remitted back to the CIT(A) for verification of claim of the assessee that the TDS was deducted prior to 31/03/2005 and deposited in the Government account prior to due date of filing of return Decided in favour of assessee.

Summary

Issues:
1. Non-adjudication of grounds of appeal by CIT(A)
2. Disallowance made under section 40(a)(ia) of Income Tax Act

Issue 1: Non-adjudication of grounds of appeal by CIT(A):
The appeal was against the order of the Ld.Commissioner of Income Tax(Appeals) dated 06/01/2011 for Assessment Year 2005-06. The assessee raised concerns regarding the non-adjudication of specific grounds by CIT(A), claiming it to be bad in law. The assessee argued that the authorities did not consider the submissions made, leading to a miscarriage of justice. The appellant contended that the purchase of property rights in land marked the commencement of their business, citing relevant court judgments. The Tribunal found that the submissions of the assessee were not adequately addressed by CIT(A) and ordered a fresh decision on the matter, emphasizing the need for a detailed and speaking order.

Issue 2: Disallowance made under section 40(a)(ia) of Income Tax Act:
The second issue pertained to the disallowance made by the Assessing Officer under section 40(a)(ia) of the Income Tax Act regarding TDS deducted in March 2005. The appellant argued that the AO erred in invoking this provision, as the TDS was deducted and paid before the due date of filing the return of income. The AO observed that the payments were made after 31/03/2005, leading to the disallowance. The appellant contested this decision, providing evidence in the form of bank statements to support their claim. The Tribunal decided to send this issue back to CIT(A) for verification of the TDS deduction date and the payment timeline, emphasizing the need for a thorough examination before reaching a decision. Ultimately, the appeal of the assessee was allowed for statistical purposes.

In conclusion, the judgment addressed the issues of non-adjudication of grounds of appeal by CIT(A) and the disallowance under section 40(a)(ia) of the Income Tax Act. The Tribunal emphasized the importance of a detailed and speaking order by the authorities, ensuring that all submissions are adequately considered before making a decision. The case highlighted the significance of proper verification and examination of facts before disallowing expenses or invoking relevant provisions of the tax law.