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2023 (8) TMI 222 - AT - Income TaxRectification u/s 154 - withholding tax on year end provisions - shortfall in TDS on year end provisions reported in Form 3CD of the assessee for FY 2012-13 - HELD THAT:- As we are of the view that action of the Ld. AO to resort to the provisions of section 154 cannot be faulted. We also observe that no finding on merits of the case has been recorded by the Ld. CIT(A). We, therefore hold that in the interest of justice and fair play the issue needs to be restored to the file of the Ld. AO with a direction to him to decide the issue under consideration afresh in accordance with law after allowing reasonable opportunity to the assessee to explain its case. We order accordingly.
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