The ITO, Ward-4(2)(5), Ahmedabad V. Shri Yagnesh Dayabhai Vyas, Ahmedabad

ITA 1561/AHD/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9371 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 15-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BIREN SHAH
• Keywords: TDS
• Section: 148; 143(3); 40(a)(ia); 194A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & Ms. MADHUMITA ROY, JUDICIAL MEMBER I .T .A . N o . 15 61 /A h d /2 01 9 ( A s s e s s me nt Y ea r : 20 1 1- 12 ) I nc o me Ta x Of f ic e r , War d- 4 ( 2 ) (5 ), Ah me da bad V s . Sh r i Y a g n e s h Da ya bha i V ya s 10 , C ha n d r a k a n ta , A v a ni R o w H o us e, O pp . J aj ha n s So c ie t y, N r . X a v ie r ’ s R o ad , A h me da ba d-3 80 00 9 [ P AN N o. A B HP V1 75 7 F ] (Appellant) .. (Respondent) Assessee by : Shri Biren Shah, A.R. Revenue by : Shri R. R. Makwana, Sr. DR D a t e of H ea r i ng 09.05.2022 D a t e of P r o no u n ce me nt 08.06.2022 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the Revenue is directed against the deletion of addition of Rs. 35,51,248/- made under Section 40(a)(ia) of the Income Tax Act, 1961(hereinafter referred to as “the Act”) by the Commissioner of Income Tax (Appeals)-4, Ahmedabad on 12.08.2019 arising out of the order dated 27.06.2017 passed by the DCIT, Circle-4(2), Ahmedabad under Section 143(3) r.w.s. 147 of the Act for A.Y. 2011-12. 2. We have heard the rival submissions made by the respective parties and we have also perused the relevant materials available on record including the orders passed by the authorities below . 3. The case of the appellant was reopened by issuing notice under Section 148 of the Act on 26.03.2017 after recording reasons for reopening ITA No. 1561/Ahd/2019 ITO vs. Shri Yagnesh Dayabhai Vyas Asst.Year –2011-12 - 2 - of the case. The reassessment order under Section 143(3) r.w.s. 147 of the Act was finalized on 27.06.2017 upon making addition of Rs. 35,51,248/- under Section 40(a)(ia) of the Act which was, in turn, deleted by the Ld. CIT(A). Hence, the instant appeal before us. 4. The brief facts leading to the issue is this the assessee had made interest payment to Citi Finance for Rs. 7,96,995/- and Rs. 27,54,253/- to Gruh Finance, on which no TDS was deducted by the appellant as the case made out by the Revenue. So far as the disallowance under Section 40(a)(ia) with respect to Gruh Finance, the appellant had submitted a chart in order to explain that TDS has been deducted and paid during the relevant assessment year which is reflecting at Page 9 of CIT(A) order. Further that the appellant submitted Form 16A which contains quarter-wise TDS deducted by the appellant along with the copy of challans of TDS payment which reconciles with Form 16A submitted by the appellant. Both were on record before the Ld. CIT(A) and even before the Ld. AO. 5. In that view of the matter when the TDS has been duly deducted and same has been paid to Government account before due date of filing of return which is apparent from TDS challans as well as Form 16A, disallowance under Section 40(a)(ia) of the Act is not sustainable. Finding of the Ld. AO that no TDS has been deducted on interest payment to Gruh Finance is wrong and deletion of such disallowance made by the Ld. CIT(A) is found to be justified. So far as the disallowance of Rs. 7,96,995/- being payment made to Citicorp Finance India Ltd. is concerned though the ITA No. 1561/Ahd/2019 ITO vs. Shri Yagnesh Dayabhai Vyas Asst.Year –2011-12 - 3 - assessee has not deducted TDS as per provisions of Section 194A the assessee has submitted copy of Form No. 26A, as envisaged in Section 201(1) of the Act r.w.s. 40(a)(ia) and contended that payee has offered such amount as an income and therefore, non-deduction of TDS would not result into any disallowance in the case of the appellant. It is relevant to mention that the assessee submitted the original Form 26A duly signed by the Chartered Accountant where it has been certified that Citicorp Finance India Ltd. has offered income in their return of income of Rs. 7,98,065/-, receipt from the assessee. A copy of the same has also been filed before us. Having regard to this particular fact as narrated above the finding of the Ld. CIT(A) that disallowance under Section 40(a)(ia) in this regard cannot be made when it has been established that the payee has offered income on interest payment made by the appellant is found to be justified. No infirmity is found in the order passed by the Ld. CIT(A) in deleting the impugned addition so as to warrant interference. Hence, the impugned order is, thus, confirmed. The Revenue’s appeal is found to be devoid of any merit and thus, dismissed. 6. In the result, the appeal preferred by the Revenue is dismissed. This Order pronounced in Open Court on 08/06/2022 Sd/- Sd/- (WASEEM AHMED) (Ms. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 08/06/2022 TANMAY, Sr. PS TRUE COPY आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT ITA No. 1561/Ahd/2019 ITO vs. Shri Yagnesh Dayabhai Vyas Asst.Year –2011-12 - 4 - 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 03.06.2022 2. Date on which the typed draft is placed before the Dictating Member 03.06.2022 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S 06.06.2022 5. Date on which the fair order is placed before the Dictating Member for pronouncement .06.2022 6. Date on which the fair order comes back to the Sr.P.S./P.S 08 .06.2022 7. Date on which the file goes to the Bench Clerk 08.06.2022 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................