VENUS TRUST MARCH 2016,MUMBAI vs. DY. COMMISSIONER OF INCOME TAX (TDS) 2 (3), MUMBAI

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ITA 238/MUM/2023Status: DisposedITAT Mumbai30 November 2023AY 2018-193 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(A) and remanded the matter back. The CIT(A) was directed to decide the issue afresh after considering the assessee's submissions and documents and providing an effective opportunity of hearing.

What were the facts?

The assessee challenged the order treating it as an 'assessee in default' for not deducting tax on excess interest paid. The assessee also challenged the levy of interest. The CIT(A) passed an ex-parte order without considering the assessee's written submissions.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without considering the assessee's submissions, and whether the assessee was liable to deduct tax under Section 194LBC.

Which sections of the Income-tax Act were involved?

Section 201,Section 194LBC,Section 201(1A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘F‘ BENCH

For Appellant: Shri Percy Pardiwala/Shri
For Respondent: Shri Ujjawal Kumar Chavan
Hearing: 04/09/2023Pronounced: 30/11/2023

आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against order dated 28/11/2022 passed by NFAC, Delhi in relation to the order passed u/s.201 for the A.Y.2018-19.

2.

In various grounds of appeal, assessee has challenged the order passed by ld. CIT(A), that he has erred in law and on facts in treating the assessee to be ‘assessee in default’

1.

M/s. Venus Trust March 2016 u/s.201 and upholding the order of the AO that assessee was required to deduct tax u/s.194 LBC on the amount of excess interest paid by the assessee. Further, assessee has also challenged the levy of interest u/s.201(1A).

3.

At the outset, it has been pointed out that ld. CIT(A) has passed exparte order without even considering the written submission filed before him. Our attention was drawn to the detailed paper book and written submissions which were filed before the ld. CIT(A) which are appearing from pages 14-50 and from pages 103-200. Thus, the order of the ld. CIT(A) should be set aside and matter should be remanded back to decide the issue afresh after considering written submissions as well as other documents filed before him after giving due and effective opportunity of hearing.

4.

Ld. DR also does not have any objection that the matter is remanded back to the CIT(A).

5. Accordingly, we set aside the issues raised before us to the file of the ld. CIT(A) to decide the issue afresh after considering the submissions and the documents filed before him and also to give effective opportunity of hearing to the assessee. Accordingly, appeal of the assessee is allowed for statistical purposes.

5.

In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced on 30th November, 2023.

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