THAMIZHAGA CABLE TV COMMUNICATION LIMITED,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI

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ITA 1288/CHNY/2026Status: DisposedITAT Chennai19 June 2026AY 2020-213 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the lower authorities did not provide specific details of the alleged TDS default to the assessee. Therefore, the appeal was remitted back to the AO to provide these details and give the assessee an opportunity to respond.

What were the facts?

The assessee company filed its return of income, which was processed. Subsequently, during scrutiny, an addition of Rs. 6,70,895/- was made by the AO for alleged default in TDS payment. The CIT(A) confirmed this addition.

What were the issues?

Whether the addition for TDS default is sustainable without providing specific details of the default to the assessee.

Which sections of the Income-tax Act were involved?

Section 143(1)(a),Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: MS. PADMAVATHY.S & SHRI MANU KUMAR GIRI

For Respondent: Mr. C.P. Solomon, Addl. CIT

आदेश / O R D E R

PER PADMAVATHY.S, A.M:

This appeal by the assessee is against the order of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi, (in short "CIT(A)") passed u/s. 250 of the Income Tax Act, 1961 (in short "the Act") dated 30.01.2026 for Assessment Year (AY) 2020-21.

2.

The assessee is a company and filed the return of income declaring total income of Rs. 82,77,41,670/-. The return was processed u/s. 143(1)(a) of the Act where the income was computed at Rs.83,07,22,630/-.

ITA No.1288/Chny/2026 Thamizhaga Cable Tv Communication Ltd. :- 2 -:

Subsequently the return was selected for scrutiny. The A.O passed an order u/s. 143(3) of the Act by making an addition of Rs. 6,70,895/- towards default in TDS payment. Aggrieved, the assessee filed further appeal before the CIT(A). The CIT(A) confirmed the addition stating the assessee did not file any details. The assessee is in appeal before the Tribunal against the order of the CIT(A).

3.

We have heard the parties and perused the materials available on record. During the course of hearing, the Ld. Authorized Representative (AR) presented arguments only with regard to ground No.1.2 pertaining to the impugned addition towards non payment of TDS and submitted that rest of the grounds are not pressed. The Ld. AR submitted that the A.O while making the addition did not mention any details with regard to the TDS default alleged by the A.O. In this regard, we notice that the A.O in the order of assessment has merely stated that from the information available on inside portal, it was observed that the assessee has defaulted on TDS payments and hence the same is added to the total income of the assessee. We further notice that the CIT(A) has also sustained the addition on the ground that the assessee has not filed any details. Considering that the lower authorities are not provided any details with regard to the actual default committed by the assessee with regard to TDS payment, we see merit in the submission of Ld. AR that the assessee could not submit any details since he is not informed of the details pertaining to the alleged default committed by him. Accordingly, we deem it fit to remit the appeal back to the A.O with a direction to communicate the specific details pertaining to the alleged default committed by the assessee in the TDS payments and give a proper opportunity to the assessee to submit the details. The A.O is further directed to consider the

ITA No.1288/Chny/2026 Thamizhaga Cable Tv Communication Ltd. :- 3 -:

details to be submitted by the assessee and decide the issue in accordance with law. The assessee is directed to submit the necessary details as may be called for and cooperate with the assessment proceedings. It is ordered accordingly.

4.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced on 19th day of June, 2026 at Chennai.

Sd/- Sd/- (मनु कुमार िग"र) (पदमावती यस) (Manu Kumar Giri) (Padmavathy.S) लेखा सद�य लेखा सद�य सद�य /Accountant Member सद�य �याियक �याियक सद�य �याियक �याियक सद�य सद�य / Judicial Member सद�य लेखा लेखा चे�नई/Chennai, �दनांक/Dated: 19th June, 2026. EDN, Sr. P.S आदेश क� �ितिल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकर आयु!/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF

Digitally signed by EJTADA DURGA EJTADA DURGA NARESH NARESH Date: 2026.06.23 11:53:46 +05'30'

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