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2018 (9) TMI 2072 - AT - Income TaxAddition u/s.40(a)(ia) for want of deduction of tax at source - failure to furnish Form 26A for the interest paid by it to M/s. Reliance Capital Ltd - HELD THAT:- Assessee had addressed a letter to M/s. Reliance Capital Ltd for getting Form 26A, but the said company had not responded. Where the payee had included the amounts received as a part of its income and filed return after paying the taxes, assessee can always say that it cannot be deemed as one in default. By virtue of the judgment of Hon’ble Delhi High Court in the case of Ansal Land Mark Township P. Ltd [2015 (9) TMI 79 - DELHI HIGH COURT] first proviso to Section 201(1) as well as proviso to Section 40(a)(i) of the Act had to be construed retrospectively. Considering the facts and circumstances of the case, we are of the opinion that issue requires a fresh look by the ld. Assessing Officer. Ld. Assessing Officer can use the powers vested on him for getting the required information from M/s. Reliance Capital Ltd, so as to ascertain whether they had included the interest paid by the assessee, as a part of their income and filed return after paying due taxes. Ld. Assessing Officer can also direct the M/s. Reliance Capital Ltd to issue the certificate mandated in Annexure A to form 26A, if the said company fails to respond to assessee’s request. Ld. Assessing Officer shall thereafter proceed in accordance with law. Appeal of the assessee is allowed for statistical purpose.
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