KARAN VENKATESHWARA ASSOCIATES,PUNE vs. INCOME TAX OFFICE 7(3), PUNE

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ITA 642/PUN/2020Status: DisposedITAT Pune26 July 2022AY 2016-173 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issue back to the Assessing Officer to verify if the assessee had deposited the TDS amount before the due date for filing the return under Section 139(1). The lower authorities' action was upheld in principle pending this verification.

What were the facts?

The assessee's appeal concerns an addition of Rs. 32,81,454/- made by the AO and confirmed by the CIT(A) on account of 30% disallowance under Section 40(a)(ia) of the Income Tax Act. The assessee claimed that TDS was paid and e-TDS return was filed before the due date.

What were the issues?

Whether the disallowance under Section 40(a)(ia) is justified when TDS was paid before the due date of filing the return, and whether the AO and CIT(A) correctly verified this fact.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 139(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI S. S. GODARA

For Respondent: Shri M. G. Jasnani
Hearing: 26.07.2022Pronounced: 26.07.2022

ORDER

PER S. S. GODARA, JM:

1.

This assessee’s appeal for assessment year 2016-17 arises against the CIT(A)-5, Pune’s order dated 27.12.2019 passed in case no.PN/CIT(A)-5/ITO, Ward 7(3), Pune/10345/2018-19 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short “the Act”. Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.

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