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2018 (6) TMI 890 - AT - Income TaxTDS u/s 194A - Disallowance of interest on account of non-deduction of TDS - assessee has deducted TDS on the interest expense to all the companies except in case of individual who had filed Form 15G/15H for non-deduction of TDS - Held that:- Revenue has not proved that assessee has failed to furnish the Form 15G collected from the parties before CIT - we find support and guidance from the order of ITAT Delhi Bench in the case of Pragati Construction vs. ITO [1996 (10) TMI 127 - ITAT DELHI-A] - thus we note that assessee has filed Form 15H for the immediate preceding AY i.e. 2003-04 which was duly accepted by Ld. CIT and according no disallowance was made. We also not that assessment was framed u/s 143(3) but no disallowance on account of non-deduction of TDS u/s. 194-A r.w.s. 40(a)(ia) - hence we are inclined to reverse the order of Ld. CIT(A) - Decided in favor of assessee.
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