M/S. ANU GITANJALI CREATIONS,ANGUL vs. ITO, WARD-1, ANGUL

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ITA 457/CTK/2017Status: DisposedITAT Cuttack04 September 2019AY 2014-154 pages
AI SummaryRemanded

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?

Section 40(a)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: SHRI CHANDRA MOHAN GARG & LAXMI PRASAD SAHU

For Appellant: Shri Ravin Panjwani, AR
For Respondent: Shri S.M. Keshkamat, CIT DR
Hearing: 21/08

per law.

9.

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.

2.

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

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