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Facts
The assessee, Punjab National Bank, appealed against the CIT(A)'s order for AY 2016-17. The AO had raised a demand of Rs. 7,48,060/- under Section 201(1) / 201(1A) for non-deduction of TDS under Section 194A, alleging that Form No.15G / 15H submitted by the assessee lacked complete particulars. The CIT(A) subsequently confirmed this demand.
Held
The Tribunal found that the assessee had indeed furnished complete Form No.15G / 15H with all requisite details. Noting that similar demands for earlier assessment years (2013-14 & 2014-15) were deleted by the CIT(A) based on identical documents, and that the CIT(A) had failed to consider these documents for the current AY 2016-17, the Tribunal deleted the impugned demand.
Key Issues
Whether the assessee was liable for non-deduction of TDS under Section 194A due to incomplete particulars in Form No.15G/15H, and whether the CIT(A) erred in confirming the demand without considering complete forms submitted by the assessee.
Sections Cited
201(1), 201(1A), 194A
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Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2016-17 arises out of an order of learned Addl. / Joint Commissioner of Income Tax (Appeals)-1, Pune [CIT(A)] dated 16-09-2024 in the matter of an order passed by Ld. Assessing Officer [AO] u/s. 201(1) / 201(1A) of the Act on 12-07-2018 raising demand of Rs.7,48,060/- against the assessee holding it to be an assessee-in-default. The registry has noted delay of 23 days in filing of appeal, which stand condoned.
Upon perusal of order of Ld. AO, it could be seen that the demand has been raised for non-deduction of TDS u/s 194A and it was observed by Ld. AO that Form No.15G / 15H as filed by the assessee did not have complete particulars. The Ld. CIT(A) confirmed the demand against which the assessee is in further appeal before us.
Upon perusal of assessee’s paper book, it could be seen that the assessee has furnished the copies of Form No.15G / 15H having requisite details wherein all the columns have duly been filled up as required. We also find that similar demand was raised against the assessee for AYs 2013-14 & 2014-15 and the assessee filed similar documents to Ld. CIT(A). Considering the same, Ld. CIT(A) has deleted the demand raised against the assessee in those years. Similar documents have been filed by the assessee in this year, the copies of which have also been placed on records. These documents have not, at all, been considered by Ld. CIT(A) in this year. After considering these documents, there could be no occasion to confirm the impugned demand in this year. Accordingly, we delete the impugned demand as raised against the assessee. 4. The appeal stand allowed. Order Pronounced on 04-08-2025. (LALIET KUMAR) (MANOJ KUMAR AGGARWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 04-08-2025. आदेश की "ितिलिप अ"ेिषत /Copy of the Order forwarded to : 1. अपीलाथ"/Appellant 2. ""थ"/Respondent 3. आयकरआयु"/CIT 4. िवभागीय"ितिनिध/DR 5. गाड"फाईल/GF