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2022 (9) TMI 334 - AT - Income TaxTDS u/s 194A - Disallowance/addition of interest on car loan paid - non deduction of tax at source thereby making disallowance u/s. 40(a)(ia) - HELD THAT:- CIT(A) has observed that the assessee did not press this ground before him and therefore, the same was dismissed. Before us the assessee has again raised this ground stating that M/s. Kotak Prime Ltd. is a subsidiary of M/s. Kotak Mahindra Bank and is in the list of notified exempted institution as provided in section 194A(iii)(f) of the Act. Since the assessee is neither present before us in the hearing nor placed any material to support/substantiate this claim through written submissions, we are of the view that this issue needs to be verified by the AO, before whom the assessee will file necessary details/evidences in support of this ground/claim. In addition to this, the assessee can also provide proof of alleged amount being offered to tax by the M/s. Kotak Prime Ltd. and if requisite certificate of the Chartered Accountants is obtained in the prescribed format evidencing that the alleged amount has been offered as revenue and due taxes have been paid, then the AO shall grant relief to the assessee by not making disallowance u/s. 40(a)(ia) of the Act of the alleged amount. Thus, ground No. 2 raised by the assessee is allowed for statistical purpose. Disallowance of donation and subscription - HELD THAT:- The said amount is claimed to be incurred towards Puja expenses. The assessee could not produce any bills/voucher(s) to substantiate this claim, We, however, looking to the facts of the case and the expenses being incurred by the assessee company on festival and similar customary occasions for its employees find it proper to disallow only 10% of the alleged amount and delete the remaining disallowance. Accordingly, the addition is sustained and remaining disallowance is deleted. Thus, ground No. 3 raised by the assessee is partly allowed.
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