M/S. ANU GITANJALI CREATIONS,ANGUL vs. ITO, WARD-1, ANGUL
What did the Tribunal hold?
The Tribunal held that the matter required fresh adjudication by the Assessing Officer. The assessee was directed to furnish a certificate in Form 26A to support the claim that the recipient had offered the rent amount to tax.
What were the facts?
The assessee claimed a rent payment of Rs. 3,00,000/- in its profit and loss account. The Assessing Officer disallowed this amount for non-deduction of TDS. The CIT(A) confirmed the addition, citing the non-furnishing of Form 26A.
What were the issues?
Whether the disallowance of rent payment for non-deduction of TDS is justified when the recipient has offered the income to tax, and the assessee subsequently provides Form 26A.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG & LAXMI PRASAD SAHU
per law.
In the result, appeal of the assessee is allowed for statistical
purposes.
Order pronounced on 4 /09/2019.
Sd/- sd/- (Laxmi Prasad Sahu) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER
Cuttack; Dated 4 /09/209 B.K.Parida, SPS Copy of the Order forwarded to : 1. The appellant: M/s. Anu Gitanjali Creations, Mr Raj Kumar Shukla, Panchamukhi Chhak, Simlipada, Angul.
The Respondent. ITO, Ward -1, Angul. 3. The CIT(A)-2, Bhubaneswar 4. Pr.CIT- 2, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//
By order
Sr.Pvt.secretary ITAT, Cuttack
P a g e 4 | 4
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
Recent GST High Court judgments
Search GST case law →- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026
- M/S Rst Batteries vs. Deputy Commissioner CGST Delhi West & Ors.Delhi · 14 Oct 2026
- Dr.Sunil Kumar Padhi vs. The Chief Commissioner, GST And Central Excise, BhubaneswarOrissa · 14 Oct 2026