TMI Blog2015 (10) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... 143(1) of the Act. As for the ground raised by the assessee the objection raised by it on the notice under section 148, was not dealt with by the AO, it is necessary to have a look at such objection as a reading of it does not show any specific objection raised by the assessee for the AO to deal with, except narrating the course of events in its appeals on orders of tax deduction officer. - Decided against assessee. Applicability of provision of section 40a(ia) - as per the assessee the recipients furnished Form 15G/H and it had no obligation to deduct tax - Held that:- Assesee had obtained 15G/H form from the recipients, though filed belatedly. Irrespective of the date of filing these forms, assertion made therein by the payees that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all under it. In any case, according to him, no speaking order was passed on the objection raised by the assessee to the notice u/s 148. Counsel for the revenue on the other hand, stated that re-opening was rightly done. 4. We have seen the orders, recorded reasons and carefully given our mind to the contentions raised by the learned AR. In the first place what we find is that return for impugned assessment year filed by the assessee on 19-10-2005 was subjected only to a processing u/s 143(1). We have looked at the reasons for re-opening, considering this aspect. What can be seen is the relevancy of the reason and not sufficiency. Assessing Officer had recorded the reasons for re-opening which was done within 4 years of the end of the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly since originally the return was subjected only to processing under section 143(1) of the Act. As for the ground raised by the assessee the objection raised by it on the notice under section 148, was not dealt with by the AO, it is necessary to have a look at such objection. This is reproduced hereunder; 2.2. On receipt of the reason recorded, the assessee has filed a letter dated 15-11-2008 stating that though the above cited letter you have given us reason for issuance of notice u/s148 of the IT Act 1961 for the assessment year 2006-07. In this connection, we have to state as follows: Our assessment were completed by the Hon ble ITO (TDS) Mangalore for the assessment years 2003-04 to 23005-06. The Hon ble IOTAT, Bangalore vide its o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.66,825 5. Alice Sequira Rs.48,000 6. Rosanne D'souza Rs.9,000 Total Rs.2.67,150 As per the learned AR these interests were paid during the currency of the relevant previous year and hence Section 40a(ia) had no application. Reliance was placed on Special Bench decision in the case of Merilyn Shipping Transports Vs Addl.CIT 136 ITD 23, and that of Hon.Allahabad High Court in the case of CIT Vs Vector Shipping Services (P)Ltd.,357 ITR 642. As per learned AR, SLP filed by the department against the latter decision stood dismissed by Hon Supreme Court in CCNo.8065/2014 dated 02-07-2014. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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