Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (7) TMI 848 - AT - Income TaxRevision u/s 263 - proportionate disallowance u/s 40(a)(ia) of the Act for short deduction of tax at source - Held that:- We find that this issue has been held in favour of the assessee by the co-ordinate bench decision of this tribunal in the case of DCIT vs S K Tibrewal [2011 (10) TMI 10 - ITAT, KOLKATA] wherein it was held that in the case of short deduction of tax at source, no disallowance u/s 40(a)(ia) of the Act could be made in the hands of the assessee and the assessee could be proceeded against only under section 201 of the Act in such cases. Hence, it could be safely concluded that the ld AO had followed the jurisdictional tribunal decision while adjudicating the issue of disallowance u/s 40(a)(ia) of the Act though he might not have mentioned the same in his assessment order. In such circumstances, the order passed by the ld AO cannot be construed as erroneous. Moreover, the decision of the tribunal purportedly relied by the ld AO had been approved by the Hon’ble High Court. In these circumstances, we can safely conclude that the ld AO had taken one of the possible view. - Decided in favour of assessee
|