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2018 (10) TMI 714

equisite return in the prescribed form was ultimately filed albeit belatedly, the assessee could not have deducted TDS on receipt of specific information from the payees/contractors. Therefore, in the absence of any liability to deduct tax at source under section 194C of the Act, provisions of section 40(a)(ia) of the Act does not get triggered. - Decided in favor of assessee. - ITA No.2959/Ahd/2016 - 2-5-2018 - Shri Pradip Kumar Kedia, Accountant Member And Ms. Madhumita Roy, Judicial Member For the Appellant : Shri Bhadresh Gandhakwala, A.R. For the Respondent : Shri Saurabh Singh, Sr. D.R. ORDER PER PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER The captioned appeal has been filed at the instance of the assessee against the order of CIT(A) dated .....

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nsportation charges. It was further contended that any delay or defect in filing the return in Form No.26Q has separate consequences as prescribed under the Income Tax Act but that by itself will not compel an assessee to deduct TDS under section 194C of the Act. In the absence of any statutory obligation to deduct TDS, section 40(a)(ia) will not come into play. The CIT(A), however, did not find merit in the plea of the assessee and rejected the appeal of the assessee. 5. Aggrieved, the assessee preferred appeal before the Tribunal. 6. We have carefully considered the rival submissions and perused the orders of the authorities below. It is the case of the assessee that disallowance under section 40(a)(ia) is not permissible as necessary inf .....

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ugh not filed before proper authority. The provisions of section 40(a)(ia) of the Act is reproduced hereunder to examine this aspect of the matter :- 40. Amounts not deductible Notwithstanding anything to the contrary in Sections 30 to 38, the following mounts shall not be deducted in computing the income chargeable under the head "profits and gains of business or profession ",- (a) In the case of any assessee - (i) ....... (ii) (ia) any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services payable to a resident, or amounts payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which ta .....

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in terms of the phraseology provided under section 40(a)(ia) of the Act in the facts of the case. Accordingly, we hold that the CIT(A) rightly cancelled the disallowance made by the assessing officer under section 40(a)(ia) of the Act due to mere non-filing of impugned Form No.l5G/15H etc. with the appropriate authority. We have also perused decision of the ITAT in the case of Karwat Steel Traders V/s. ITO (ITA no.68322/Mum/2011 order dated 10.7.2013) relied upon by the CIT(A) in this regard. We find the facts in the present case are identical to the facts in the case of Karwat Steel Traders wherein the Tribunal has taken a favourable view on the similar facts. Respectfully, following the order of the Co-ordinate Bench of the Tribunal, we .....

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