TMI Blog2017 (9) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... firmed the order of AO. Since the assessee has filed the Forms 15G/15H on account of which TDS was not deducted, the lower authorities should have examined the same. Since the assessee has already filed the Forms 15G/15H before the lower authorities, we are of the view that the said Forms be examined by the AO and if the said Forms are found to be correct on verification, the assessee cannot be held to be in default and no demand should be raised u/s. 201(1) & 201(1A) of the Act. Otherwise, the AO may act in accordance with the law. Accordingly, the order of CIT(Appeals) is set aside and the matter is restored to the file of Assessing Officer to readjudicate the issue afresh in the terms indicated above, after affording opportunity of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring of this appeal, the appellant prays that its appeal be allowed. 2. Though various grounds are raised in this appeal, but they all relate to non-deduction of TDS on account of which assessee was held to be in default and the AO has passed an order u/s. 201(1) 201(1A) of the Income-tax Act, 1961 [ the Act ]. 3. During the course of hearing, the ld. counsel for the assessee has submitted that assessee is a bank where TDS was not deducted on interest earned on FDRs to its customers. The reason for non-deduction of tax at source was stated to be the submission of Form 15G/15H by the customers. Since the aforesaid Form was not submitted to the jurisdictional CIT, the AO has held the assessee to be in default for non-deduction of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Malineni Babulu (HUF) v. ITO, 2015 (8) TMI 705 ITAT Hyd. 4. Vijaya Bank v. ITO, 2014 (3) TMI 539 ITAT Del 5. DCIT (TDS) v. Jai Prakash Associates Ltd., 2015 (5) TMI 356 ITAT Lucknow. 7. The ld. DR placed reliance upon the order of CIT(Appeals). 8. Having carefully examined the orders of lower authorities in the light of rival submissions, we find that though assessee has furnished Form 15G/15H before the CIT(Appeals), but the CIT(Appeals) did not examined the veracity of the same. He outrightly rejected the contention of the assessee and confirmed the order of AO, having observed that the Forms 15G/15H were not properly filed before the AO and the jurisdictional CIT. We have also carefully examined the judgments referre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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