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2020 (11) TMI 221 - AT - Income TaxPenalty u/s 272A(2)(c) - interest payment exceeding ₹ 10,000 - non deduction of TDS u/s 194A on interest paid to the depositors - ITO power to issue notice u/s 133(6) to determine through general enquiry for the purpose of identifying persons who are likely to have taxable income - claim of the assessee that they did not have to deduct TDS as they are exempt as appellant being a Primary Agricultural Credit Society - relevancy of information called for u/s 133(6) - HELD THAT:- The assessee has not given any reply to the submissions of the learned D.R. The assessee has also not been able to substantiate any of the grounds which has been raised by it. In fact a perusal of the ground as raised by the assessee in Ground No. D shows that the assessee is well informed of the proceedings before the AO and their powers and office procedures. Admittedly the assessee has been absolutely non-cooperative in any of the proceedings. The assessee has not shown as to whether even after the present proceedings have been initiated the information has been submitted or whether TDS has been deducted subsequently. Other than filing appeals and not representing the same, nor giving explanation in respect of the grounds raised only delay tactics are being adopted. No reasonable cause has also been shown. By no stretch of imagination can it be even presumed that the assessee did not know of the decision of Kathiroor Service Co-Operative Bank Ltd. [2013 (11) TMI 728 - SUPREME COURT] nor is it a plausible explanation that the assessee is exempt from deducting TDS in the absence of any order thereto - such contumacious conduct on the part of the assessee is liable to be dealt with harshly - orders of the learned CIT(A) and that of the AO are liable to be upheld and penalty levied under Section 272A(2)(c) of the Act is liable to be confirmed. - Decided in favour of revenue.
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