CHINARI ROHINI SUBUDHI,BHUBANESWAR vs. ITO WARD 3(1), BHUBANESWAR
What did the Tribunal hold?
The Tribunal held that if Forms 15-G & 15-H were duly filed with the CIT, the assessee cannot be treated as a defaulter for TDS non-deduction. Discrepancies in the forms, filled by recipients, cannot be held against the assessee.
What were the facts?
The assessee appealed against the disallowance of expenses due to non-deduction of TDS and a separate disallowance for donations. The issue of donations was not pressed by the assessee before the lower appellate authority.
What were the issues?
Whether disallowance under Section 40(a)(ia) is justified when Forms 15-G & 15-H were filed, and if discrepancies in these forms can be attributed to the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: GIRISH AGRAWALWAL
This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi , NFAC, Delhi dated 1.2.2023 in Appeal No.ITBA ITBA/NFAC/S/250/2022- 23/1049311803(1) 23/1049311803(1) for the assessment year 2010-2011. 2011.
Shri Mohit Sheth, ld AR appeared for the assessee and Shri Saroj Shri Mohit Sheth, ld AR appeared for the assessee and Shri Saroj Shri Mohit Sheth, ld AR appeared for the assessee and Shri Saroj Kumar Mahapatra, ld CIT DR appeared for the revenue. Kumar Mahapatra, ld CIT DR appeared for the revenue. Kumar Mahapatra, ld CIT DR appeared for the revenue.
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It was submitted by ld AR that two issues are involved in this appeal, one was against the addition made by the Assessing Officer on account of non-deduction of TDS and non-production of Form 15H & 15G and consequently, application of provisions of section 40(a)(ia) of the Act. It was the submission that the second issue was in respect of donation of Rs.70,000/- which has been disallowed by the Assessing Officer. It was the submission by ld CIT DR that the issue of donation has not been pressed by the assessee before the ld CIT(A). Consequently, as the issue has not been pressed before the ld CIT(A), the issue of donation stands dismissed.
Coming to the issue of application of provisions of section 40(a)(ia) of the Act, it was the submission of ld AR that the assessee has filed Form 15-G & 15-H before the Pr. CIT/CIT. Ld AR has placed before us the certificates filed before the ld CIT, Cuttack in Form 15-G & 15-H in respect of five persons as under:
Khatau Sunderdas - 15H Haridas Sunderdas (Ind) - 15H Haridas Sunderdas (HUF) - 15G Bhanu Khatau - 15H Hansa Haridas - 15H 5. It was the submission that as the necessary Forms have been filed before the Cuttack, Cuttack now Pr. CIT, Cuttack, no disallowance is called for.
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It was the submission that in respect of balance persons, 15-G had been submitted but the acknowledgement does not contain seal of the office of the CIT, Cuttack. It was the submission that the total disallowance was to an extent of Rs.16,02,439/- made by invoking the provisions of section 40(a)(ia) of the Act. It was the submission that in respect of the amount of Rs.14,80,162/- Form 15-G and Form 15-H have been filed before the CIT, Cuttack and in respect of the amount of Rs.1,22,277/-, the proof of submission of Form 15-G did not contain seal of the office of the CIT, Cuttack. It was the submission that however, the proof was produced before the Assessing Officer. It was the submission that in respect of 8 persons, whose Form 15-G had been submitted but did not contain seal of the office of the CIT, Cuttack, substantial portion did not exceed the prescribed limit for the purpose of deduction of TDS. It was the submission that the addition as made by the AO and confirmed by the ld CIT(A) is liable to be deleted.
In reply, ld CIT DR submitted that admittedly, the assessee has produced the proof of production of form 15-H & 15-G in respect of Rs.14,80,182/-. In respect of proof of submission of Form 15-G in respect of other 8 persons to an extent of Rs.1,22,277/-, the letter contain many discrepancies. It was the submissions that the addition as made by the AO and confirmed by the ld CIT(A) is liable to be confirmed.
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We have considered the rival submissions. Admittedly, the facts of the present case clearly shows that in respect of Rs.14,80,162/- being the interest paid to five persons, the assessee has submitted Form 15-H & 15-G in the office of the CIT, Cuttack. This is not in dispute. Once the requisite Forms have been filed, then the assessee cannot be treated as a defaulter in respect of deduction of TDS u/s.194A of the Act. Consequently, the addition made by the AO and confirmed by the ld CIT (A) to the extent of Rs.14,80,162/- stands deleted.
Coming to the issue of an amount of Rs.1,22,277/- in respect of which Form 15-G is said to have been filed before the ld CIT, Cuttack, the same has been rejected on the ground that the discrepancies have been pointed out by the AO in the forms. The forms are not filled by the assessee but by the recipients of the interest. The discrepancies in these forms cannot be held against the assessee. This being so, as the AO and ld CIT(A) has also acknowledged the filing of the forms before the CIT, Cuttack, the addition made by the AO and confirmed by the ld CIT(A) in respect of addition of Rs.1,22,277/- is also deleted.
In the result, appeal of the assessee stands partly allowed.
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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