TMI Blog2021 (2) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... see had made the submissions to the effect that the interest paid by the assessee to Indiabulls and Reliance have been included by the respective payees in their respective income, but there is no finding of the lower authorities on the aforesaid contention. We are therefore of the view that the issue needs re-examination by the AO in the light of the aforesaid decision rendered by Hon'ble Delhi High Court. We therefore, restore the issue back to the file of the AO to decide the issue afresh . - ITA No. 496/Del/2018 - - - Dated:- 16-2-2021 - Anil Chaturvedi , Member ( A ) And Amit Shukla , Member ( J ) For the Petitioner : None For the Respondents : Govind Singhal , Sr. DR ORDER Amit Shukla , Member ( J ) This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax (Appeals) - 12, New Delhi is bad in law and void-ab-initio. 2. Based on facts and circumstances of the case and in law, that the order is passed based on conjectures and surmises. 3. Based on the facts of the case, Assessee's income for said assessment year has been already been assessed u/s. 143(3) in detail but the Ld. Assessing Officer has re- opened the case under section 147 based on mere change of opinion on the basis of Audit objections. Hence, notice issued u/s. 148 is null void as assessment u/s. 147 cannot be reopened due to change in opinion. 4. Based on facts and circumstances of the case and in law, the Hon'ble Commissioner of Income Tax (Appeals) - 12, New Delhi ignored the facts on record, unju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the disallowance of ₹ 3,35,921/- u/s. 40(a)(ia) of the Act. With respect to the aforesaid disallowance, AO has noted that assessee is stated to have paid interest of ₹ 1,57,556/- to Indiabulls and interest of ₹ 1,78,365/- to Reliance. On such interest payment, assessee had not deducted the TDS. The assessee was asked to explain as to why the aggregate amount of ₹ 3,35,921/- not be disallowed u/s. 40(a)(ia) on account of failure to deduct the TDS. AO noted that assessee had furnished a certificate stating that the interest paid by the assessee to Indiabulls Reliance has been included by them in their respective income and therefore no disallowance u/s. 40(a)(ia) of the Act is called for. AO did not accept the subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the respective payees in their respective income, but there is no finding of the lower authorities on the aforesaid contention. We are therefore of the view that the issue needs re-examination by the AO in the light of the aforesaid decision rendered by Hon'ble Delhi High Court. We therefore, restore the issue back to the file of the AO to decide the issue afresh in view of the aforesaid decision of the Hon'ble Delhi High Court in the case of Ansal Land Mark Township (P) Ltd. (supra) and in accordance with law. Needless to state, that the AO shall grant adequate opportunity of hearing to the assessee. Thus this ground of assessee is allowed. 8. As far as the other grounds raised by the assessee challenging the reassessment pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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