Raj Realty, Vadodara V. DCIT, Circle-1(2), Vadodara

ITA 638/AHD/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0794 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 11-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: TDS
• Section: 143(3); 40(a)(ia)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, AHMEDABAD BEFORE SMT. ANNAPURNA GUPTA, ACCOUNTANT MEMBER & Ms. MADHUMITA ROY, JUDICIAL MEMBER I .T .A . N o . 6 3 8/ A h d /2 0 1 9 ( A s se ss m e nt Y e a r : 20 14- 15 ) R a j R ea lt y 30 4 , Sh a s w a t Fl at , O p p . V MC War d No . 6 O l d Pa dr a R o a d , Va do dar a Vs . D C IT C ir c l e- 1( 2) , B ar o d a [P AN N o. A A MF R 7 24 7J ] (Appellant) .. (Respondent) Appellant by : Shri Nitesh Thakkar, A.R. Respondent by: Shri Mukesh Jain, Sr. DR D a t e of H ea r i ng 28.06.2022 D a t e of P r o no u n ce me nt 31.08.2022 O R D E R PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the assessee is directed against the order dated 05.03.2019 passed by the Commissioner of Income Tax (Appeals)-5, Vadodara arising out of the order dated 30.11.2016 passed by the DCIT, Circle-1(2), Ahmedabad under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for A.Y. 2014-15. 2. The matter relates to confirmation of disallowance of Rs.3,43,053/- invoking the provision of section 40(a) (ia) of the Act by the authorities below. 3. The assessee is engaged in the business of real estate development and construction and has shown turnover of Rs.7,83,17,626/-. The ITA No. 638/Ahd/2019 Raj Realty vs. DCIT Asst.Year –2014-15 - 2 - assessee has claimed expenses on account of interest payment to certain persons of Rs.3,43,053/-. Since the assessee failed to submit From No. 15G/15H alongwith evidence establishing that the same was submitted before the office of the Ld. CIT addition was made by the Ld. AO under Section 40(a)(ia) of the Act for non-deduction of TDS which stood confirmed by the Ld. CIT(A). Hence, the instant appeal before us. 4. At the time of hearing of the instant appeal the Ld. Counsel appearing for the assessee submitted before us that since no opportunity of being heard properly was given to the assessee during the assessment proceeding and before appellate proceeding as well though the assessee is in possession Form 15G/15H the same could not be submitted before the authorities below. It was further submitted that all the parties have furnished Form 15G/15H to the appellant to whom the interest payment of Rs. 3,43,053/- was made which was, in turn, duly submitted before the Ld. CIT(A). In that view of the matter the liability of deduction for tax on the assessee does not arise as also contended by the Ld. A.R. He, therefore, prays for setting-aside the issue to the file of the Ld. AO for verification of the matter which has not been controverted by the Ld. DR with all his fairness. The assessee has also given an undertaken to submit 15G/15H to the Ld. AO. 5. Having heard the Ld. Counsel appearing for the parties, and having regard to the facts and circumstances of the case we find it fit and proper to remit the issue to the file of the Ld. AO to consider the same afresh and to pass a reasoned order upon perusal of the Form 15G/15H to be ITA No. 638/Ahd/2019 Raj Realty vs. DCIT Asst.Year –2014-15 - 3 - furnished by the assessee and upon granting a reasonable opportunity of being heard to the assessee. Hence, the appeal filed by the assessee is allowed for statistical purposes. 6. In the result, the appeal preferred by the assessee is allowed for statistical purposes. This Order pronounced in Open Court on 31/08/2022 Sd/- Sd/- (ANNAPURNA GUPTA) (Ms. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 31/08/2022 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 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 10.08.2022 2. Date on which the typed draft is placed before the Dictating Member 11.08.2022 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S 30.08.2022 5. Date on which the fair order is placed before the Dictating Member for pronouncement .08.2022 6. Date on which the fair order comes back to the Sr.P.S./P.S 31.08.2022 7. Date on which the file goes to the Bench Clerk 31.08.2022 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..........................................