Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 111 - ITAT KOLKATADisallowance u/s. 40(a)(ia) - Non deduction of TDS on surplus service job work contract - noone has represented the assessee even though notice for hearing has been served which were issued by RPAD - assessee had claimed that the contractor SVPL had produced a certificate issued u/s. 197(1) for lower deduction of TDS because of which it had not deducted tax at source on the payment so made - as per AO no certificate of lower deduction of tax u/s. 197(1) was issued in the name of the contractor because of which he made the disallowance. HELD THAT:- According to us, these are the facts which are verifiable from the records and appropriate examination would reveal the correct state of affairs in respect of claim made by the assessee and as held by the Ld. AO so as to give the correct effect to the transaction of payment made by the assessee to SVPL. However, from the records available before us, there is nothing to corroborate the above stated facts so as to verify the claim of the assessee as also to corroborate the stand taken by the Ld. AO. Considering the facts on record and the orders of the authorities below, we are inclined to adjudicate upon the matter ex parte qua the assessee. Thus, with the assistance of DR and on perusal of the material available on record, we do not find any reason to interfere with the observations and findings given by the Ld. AO to sustain the disallowance so made - Decided against assessee.
|