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Income-tax Officer, Ward-3 (4) , Kolkata. Versus M/s. Keshan Logistic Pvt. Ltd.

2011 (12) TMI 679 - ITAT KOLKATA

Non deduction of TDS u/s 194C against freight charges - addition made u/s. 40(a)(ia) - liability to submit Form 15-I before the IT Authority as per Rule 29D to authenticate the claim - Held that:- In the present case before the Assessing Officer assessee had submitted that form 15-I received by him could not be deposited with the Ld. CIT. Assessee’s submissions have been reproduced in Para-7(ii) at page-4 of Assessing Officer’s order. - After considering the assessee’s submission Assessing .....

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e disallowance of ₹ 24.74.376/-. In the result, ground Nos. 1 & 2 of the appeal are allowed. - ITA No. 202 (Kol) of 2011 - Dated:- 5-12-2011 - Sri N.Vijayakumaran, Judicial Member & Sri C.D. Rao, Accountant Member For the Appellant: Sri S.K. Roy For the Respondent: Sri Sunil Surana ORDER (N. Vijayakumaran), Judicial Member : This appeal by the department is directed against the order of the ld. C.I.T.(A)- I, Kolkata. The date of order is 23/11/2010 and the assessment year involved is 2 .....

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-I before the assessee it had no liability for deduction of TDS against freight without appreciating the facts that assessee was liable to submit Form 15-I before the IT Authority as per Rule 29D to authenticate the claim. 3. On the facts & circumstances of the case the order of Ld CIT (A) is perverse, hence same may be set aside and order of A.O be restored. 2. The facts on the above issues are that the assessee is a transport operator. The assessee had no vehicles of its own and the busine .....

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he Act read with Rule 29D of the Rules and made addition of ₹ 26,76,722/- to the total income of the assessee. 3. On appeal, the ld. C.I.T.(A) deleted the addition of ₹ 26,76,722/- by observing as under :- 7.2. I have considered the facts narrated in the assessment order and submission of the Ld AR. In so far the applicability of the provisions of section 40(a)(ia) on the amount which was duly paid during the year and was not payable at the end of the year, I do not agree with the su .....

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ducted that in most of the cases the PAN of such persons were mentioned. It also appears that the A.O (TDS) issued the notice to the assessee for the reason that in some of the cases PAN of the deductees were not mentioned in the return of TDS. The assessee replied as to why in some of the cases PAN s were not mentioned. From the reading of section 194C, it appears that once the assessee has received form No. 15-I he is debarred from deducting the tax. The submissions of the forms before the con .....

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e CIT, the penal provisions for not submitting such form before the appropriate authorities can be invoked but for that reason disallowance cannot be made u/s 40(a)(ia). Therefore the addition was not called for. In view, of my above decision I decline to adjudicate on the alternative plea that there was no contract with the individual truck owners for carrying on of the goods in the transport business. The addition of ₹ 2676722/- is deleted. 4. At the time of hearing before us, the ld. De .....

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unsel, therefore, submitted that the order of the ld. C.I.T.(A) should be upheld. 5. We have considered the rival submissions and perused the material available on record including the precedents. We find that I.T.A.T., Kolkata Bench B vide its order dated 11/8/2011 in the case of Capital Transport Corpn. of India vs. ITO (supra), on identical facts and circumstances of the case and following the decision of I.T.A.T., Mumbai Bench dated 20/5/2011 in the case of Shri Vipin P. Mehta vs. ITO in ITA .....

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payer of the interest, to file the declarations given to him by the payees of the interest, within the time limit specified in subsection (2) to section 197A is distinct and separate and merely because there is a failure on the part of the assessee to submit the declarations to the income-tax department within the time limit, it cannot be said that the assessee did not have declarations with him at the time when he paid the interest to the payees. That would be a separate matter and separate pro .....

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