Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 764 - AT - Income TaxRevision u/s 263 - short deduction of TDS - PCIT holding the assessment framed u/s 143(3) as erroneous in so far prejudicial to the interest of the revenue - whether the provision of section 40(a)(ia) of the Act can be invoked in the case of short deduction of TDS - HELD THAT:- Question answered in the case of CIT Vs. Prayas Engineering Ltd. [2014 (11) TMI 1086 - GUJARAT HIGH COURT] as held there remains no IOTA of doubt that the provisions of section 40(a)(ia) of the Act cannot be invoked in the event of short deduction of TDS. Accordingly, the assessment framed by the AO cannot be held as erroneous in so far prejudicial to the interest of revenue on account of non-deduction of TDS. Also AO has framed the assessment after necessary verification about the payment made to M/s Bansal Cargo Movers which is evident from assessment order itself. Therefore, we are of the view that the assessment order has been framed by the AO after due application of mind. Accordingly, the same cannot be held as erroneous in so far prejudicial to the interest of revenue on account of non-verification. Decided in favour of assessee.
|