TMI Blog2018 (6) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT and according no disallowance was made. We also not that assessment was framed u/s 143(3) but no disallowance on account of non-deduction of TDS u/s. 194-A r.w.s. 40(a)(ia) - hence we are inclined to reverse the order of Ld. CIT(A) - Decided in favor of assessee. - ITA No.165/Kol/2016 - - - Dated:- 14-6-2018 - Shri Waseem Ahmed, Accountant Member and Shri S.S. Viswanethra Ravi, Judicial Member For The Appellant : Shri Manoj Katarruka, Advocate For The Respondent : Shri S. Dasgupta, Addl. CIT-DR ORDER PER Waseem Ahmed, Accountant Member:- This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-24,Kolkata dated 03.11.2015. Assessment was framed by ITO Ward-59(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s observed that there is a delay of 28 days on the part of the assessee in fling this appeal before the Tribunal. In this regard, the assessee has filed an application seeking condonation of the said delay and keeping in view the reasons given therein, which is duly supported by an affidavit filed by the assessee. We are of the view that there is a sufficient cause for the delay on the part of the assessee in filing this appeal. Hence, we condone the said delay and proceed to dispose of this appeal of the assessee on merit. 4. Only issue raised by assessee is that Ld. CIT(A) erred in confirming the order of Assessing Officer by sustaining the disallowance of ₹3,76,566/- including the interest of ₹1,25,522/- on account of non- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Amount paid Tax deducted 1. to a lists o 13 companies 7,57,073/- 1,56,202 @ 205% 2. To individual 2,65,941 26,595 @ 10.0% 3 To individuals who submitted their 15G 9,58,708 Nil 4. to an individual (non-taxable) 4,511 Nil 19,86,233 1,82,797 The assessee also submitted that the parties (individual) who have field Form 15G were not subject to TDS under section 194A of the Act. The Ld. CIT(A) called for remand report from AO vide letter date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore us. Ld. AR for the assessee filed paper book which is running pages from 1 to 31 and TDS submitted that the parties who have Form 15G no TDS was deducted on the payment of interest to them. Ld. AR also submitted that it has claimed total interest expense of ₹19,86,233/- and out of same TDS was deducted on the payment of interest of ₹10,27,525/- only. In respect of remaining amount of ₹9,58,708/- no TDS was deducted as the payment was made to the individual who have filed Form 15G. Ld AR in support of assessee s claim drew our attention on page 29 of the paper book where the detail of parties to whom the interest was paid was placed. Ld. AR also submitted that the intimation in respect of 21 individual parties was dul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w the issue relates whether the letter filed by the assessee to Ld. CIT on 07.04.2004 is true. In the instant case, records were traceable by the Authorities Below, therefore, benefit of doubt goes in favour of assessee. It is because the Revenue has not proved that assessee has failed to furnish the Form 15G collected from the parties before Ld. CIT. In holding so, we find support and guidance from the order of ITAT Delhi Bench in the case of Pragati Construction vs. ITO reported in 60 IT 201(Del), wherein it was held as under:- The assessee placed on record ample evidence which the ITO did not case to test by bringing on record anything in rebuttal. The enquiry through the Intelligence Wing at the most created a suspicion. The IT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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