2023 (9) TMI 612 - ITAT RAIPUR

Exparte order u/s 201(1A) - non deduction of Tax under the provisions of section 194IA - CIT(A) confirming the order of penalty u/s 201(1A) and 234E - HELD THAT:- As additional information in the form of bifurcation of amount of consideration paid by each joint buyer is demonstrated with the support of copies of bank statement thus the same could be relied upon but still the assessee is lacking in not submitting the document pertaining loan from HDFC, that the same is equally extended by the bank to all the joint buyers.

The blatant statement of the assessee that the amount of loan is divided equally between the three co-owners does not inspire our confidence under the circumstance when the assessee was non-compliant before the Ld AO on 22.10.2020, 07.01.2021 and 28.01.2021, again before the Ld CIT(A) assessee had submitted that the payment of consideration was equally made by each co-owner and now with a shifting contentions, some deferent figures of share in consideration were projected and furnished before us.

We are also not oblivious of the fact that the observation of CIT(A) that total payments were made by the appellant assessee only is not the correct fact, when the registered sale deed itself shows that the payments were made by different purchasers.

We find it fit to set aside orders of the revenue authorities and to restore the issue back to the files of Ld AO, so as to verify with supporting evidence, the actual status of the payment of consideration by each co-owner towards each flat/ property and adjudicate the issue afresh in terms of provisions of section 194IA. Assessee shall be provided with reasonable opportunity of being heard. In case assessee fails to comply with during the set aside assessment proceedings, Ld AO would be at liberty to pass an order in accordance with law. In the result ground no 1-4 of the appeal of the assessee are partly allowed for statistical purposes.