Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 1169 - ITAT BANGALOREDefault u/s 201- disallowance u/s 40(a)(ia) - deductibility or otherwise of tax at source on “year-end provisions” - not deducting tax at source under section 194C, 1941 and 194J of the Act from the year end provisions made by the appellant for payments - HELD THAT:- Break-up of provision for expenses needs to be examined factually based on evidences in order to decide the applicability of TDS provisions. We therefore remit this issue back to the AO for verification of each of the above line item of the break-up of details based on evidences and examine the issue factually for deciding the applicability of TDS provisions. AO is directed to keep in mind the ratio laid down by the coordinate bench of the Tribunal in the case of Biocon Ltd. [2022 (4) TMI 795 - ITAT BANGALORE] which is followed in assessee’s own case for the assessment year 2012-13 and 2013-14 wherein the Hon’ble Tribunal has envisaged various scenarios with regard to the liability to deduct tax at source, the levy u/s.201(1) and the method of calculation of interest u/s.201(1A). Needless to say that assessee may be given opportunity of being heard. Appeal by the assessee is allowed for statistical purposes.
|