TMI Blog2023 (11) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... see s business, the assessee may be temporality hiring the godown and may not be successful in furnishing adequate documentary evidences to the satisfaction of lower authorities. For that lapse, the assessee has already suffered disallowance u/s 40(a)(ia). But, nevertheless, the details as furnished before lower authorities are sufficient to make a reasonable conclusion that the assessee was not liable for TDS on these payments. Accordingly, the assessee could not be treated as assessee-in-default u/s 201(1) / 201(1A) of the Act particularly when all the payees are having PAN. Decided in favour of assessee. - Hon ble Shri V. Durga Rao, JM And Hon ble Shri Manoj Kumar Aggarwal, AM For the Appellant : Shri Sunil Sharma, (CA)-Ld.AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion of Ld. AR that the rental payment, in each of the case, did not exceed the threshold limit of Rs. 1.80 Lacs and therefore, the assessee was not obligated to deduct tax at source (TDS) against these payments. The Ld. AR also averred that merely because the assessee has accepted disallowance made u/s 40(a)(ia), the same could not necessarily make assessee as assessee-in-default u/s 201(1) of the Act. The Ld. Sr. DR submitted that the demand has been raised for want of adequate details and lack of supporting documents. The Ld. Sr. DR also submitted that disallowance u/s 40(a)(ia) and proceedings u/s 201(1) are different proceedings. Having heard rival submissions and upon perusal of case records, our adjudication would be as under. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of Sec.194I. Keeping in mind the nature of assessee s business, the assessee may be temporality hiring the godown and may not be successful in furnishing adequate documentary evidences to the satisfaction of lower authorities. For that lapse, the assessee has already suffered disallowance u/s 40(a)(ia). But, nevertheless, the details as furnished before lower authorities are sufficient to make a reasonable conclusion that the assessee was not liable for TDS on these payments. Accordingly, the assessee could not be treated as assessee-in-default u/s 201(1) / 201(IA) of the Act particularly when all the payees are having PAN. Therefore, by deleting the impugned demand, we allow the appeal of the assessee. 6. The appeal stand all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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