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M/s Shree Hindustan Fabricator Versus ACIT, Cir. 3 Surat

2015 (10) TMI 1413 - ITAT AHMEDABAD

Disallowance under section 40(a)(ia) - failure to deduct tax at source under section 194C and 194J and deposit the same with the Government within the prescribed time under section 200 - Held that:- The Agra Bench of the Tribunal in the case of Rajeev Kumar Agarwal Vs. ACIT [2014 (6) TMI 79 - ITAT AGRA] has held that "the provisions of Section 40(a)(ia), as they existed prior to insertion of second proviso thereto, went much beyond the obvious intentions of the lawmakers and created undue hardsh .....

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discussion made hereinabove, after allowing reasonable and proper opportunity of hearing to the assessee. - Decided in favour of assessee for statistical purpose. - ITA No. 3826/Ahd/2008 - Dated:- 10-4-2015 - N S Saini, AM And Kul Bharat, JM,JJ. For the Appellant : None For the Respondent : Shri Nimesh Yadav, Sr.DR ORDER Per N.S. Saini, Accountant Member: This is an appeal filed by the assessee against the order of the Commissioner of Income-Tax (Appeals)-II, Surat dated 17.9.2008. 2. This appea .....

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nal in the case of M/s.Merilyn Shipping & Transports Vs. ACIT, does not lay down the correct law, and quashed and set aside the order of the Tribunal dated 5.10.2012 and remanded the matter to the Tribunal for fresh consideration of other issues, if any, regarding disallowance under section 40(a)(ia) of the Act. 3. Brief facts of the case are that the AO observed that the assessee had failed to deduct TDS under section 194C and 194J of the Act as well as pay the TDS before the prescribed tim .....

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the assessee filed adjournment petition for adjournment of the hearing and the same was rejected by the Bench as the reason for the adjournment is not found to be plausible one, and the appeal was heard ex parte qua the appellant-assessee. 7. We have heard the DR and perused the orders of the lower authorities and material available on record. We find that the AO made disallowance of ₹ 78,37,140/- by invoking the provisions of section 40(a)(ia) of the Act as the assessee failed to deduct .....

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