TMI Blog2023 (9) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... es of share in consideration were projected and furnished before us. We are also not oblivious of the fact that the observation of CIT(A) that total payments were made by the appellant assessee only is not the correct fact, when the registered sale deed itself shows that the payments were made by different purchasers. We find it fit to set aside orders of the revenue authorities and to restore the issue back to the files of Ld AO, so as to verify with supporting evidence, the actual status of the payment of consideration by each co-owner towards each flat/ property and adjudicate the issue afresh in terms of provisions of section 194IA. Assessee shall be provided with reasonable opportunity of being heard. In case assessee fails to comply with during the set aside assessment proceedings, Ld AO would be at liberty to pass an order in accordance with law. In the result ground no 1-4 of the appeal of the assessee are partly allowed for statistical purposes. - Shri Ravish Sood, JM And Shri Arun Khodpia, AM For the Assessee : Shri Nikhilesh Begani, CA For the Revenue : Shri Satya Prakash Shama, Sr. DR ORDER PER ARUN KHODPIA, AM : The captioned appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the case as well as in law, the Ld.CIT(A) has erred in confirming the Order of the Ld.AO in holding the appellant liable for payment of an interest of Rs.26,995/- as per section 201(1A) of the Act which is highly illegal, unjustified, unwarranted, not proper on facts and not in accordance with the provisions of law. Hence, it is earnestly prayed that the demand of interest of Rs.26,995/- may please be deleted. GROUND NO. V 5. That the Appellant craves leave to add, amend, alter or delete all or any of the grounds of appeal at the time of hearing of the appeal. 2. Brief facts of the case are that the appellant an individual, along with his father Shri Bharat. Sawaria and his mother Smt. Kalpana Sawaria jointly purchased Two immovable properties viz. two flats bearing number A2-303 and A2-403 at Shrijan Premium, Raipur. These properties were registered by way of a single sale deed. The aggregate consideration in respect of two flats was fixed at Rs. 1,90,00,000/-. i.e. consideration required to be paid in respect of each flat was fixed at 95,00,000/-. A Consolidated Purchase deed in respect of two flats was registered with the sub registrar Raipur on 5th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23.02.2016 NEFT HDFC Bank 1000000 17.03.2016 Ch.No.000019 HDFC Bank 350000 21.07.2016 RIGS HDFC Bank 500000 23.06.2017 RTGS HDFC Bank 2000000 01.03.2018 NEFT HDFC Bank 500000 02.05.2018 NEFT Andhra Bank 3000000 02.05.2018 NEFT Andhra Bank 2000000 01.03.2019 Ch.No.631952 HDFC Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alculated. 5. Contrary to the submission of Ld AR, Ld Sr DR strongly supported the orders of revenue authorities. It was the submission that the assessee was non-compliant before the Ld AO. The assessee himself has deducted and paid the TDS u/s 194IA and when he was found to be on default, an artificial division of the total payments among the assessee and his parents were made to bring the figure below the prescribed limit of Rs. 50.00 Lac, which is evident from the order of Ld CIT(A) that it was undisputed fact that all the payments were made by assessee only. Under such facts and circumstances the order of Ld CIT(A) confirming the order of penalty u/s 201(1A) and 234E deserves to be upheld. 6. We have considered the rival contentions, perused the material on record and orders of the authorities below. On factual matrix of the case, it is the admitted fact that the assessee Shri Jaimeet Sawaria along with his parents i.e his father Shri Bharat. Sawaria and his mother Smt. Kalpana Sawaria jointly purchased Two immovable properties viz. two flats bearing number A2-303 and A2-403 at Shrijan Premium, Raipur. These properties were registered by way of a single sale deed. The agg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsideration were projected and furnished before us. We are also not oblivious of the fact that the observation of Ld CIT(A) that total payments were made by the appellant assessee only is not the correct fact, when the registered sale deed itself shows that the payments were made by different purchasers. 7. Under such circumstances, in the interest of justice, we find it fit to set aside orders of the revenue authorities and to restore the issue back to the files of Ld AO, so as to verify with supporting evidence, the actual status of the payment of consideration by each co-owner towards each flat/ property and adjudicate the issue afresh in terms of provisions of section 194IA. Assessee shall be provided with reasonable opportunity of being heard. In case assessee fails to comply with during the set aside assessment proceedings, Ld AO would be at liberty to pass an order in accordance with law. In the result ground no 1-4 of the appeal of the assessee are partly allowed for statistical purposes. 8. In the result appeal of the assessee is partly allowed for statistical purposes, in terms of our observations herein above. Order pronounced in the court on 12/09/2023. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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