LAUREL SECURITIES PVT. LTD.,KOLKATA vs. ITO, WARD 58(3), TDS, KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal restored the issue to the Assessing Officer for verification, noting that the payee had already been assessed on the interest income and that the lower authorities had not considered relevant documents. The assessee was to be given an opportunity of hearing.
What were the facts?
The assessee failed to deduct TDS on interest paid to a payee. While a portion of the interest was covered by a certificate, the remaining amount was not. The Assessing Officer treated the assessee as being in default.
What were the issues?
Whether the assessee was in default for non-deduction of TDS on interest payment, and whether the lower authorities properly considered all relevant documents and opportunities for the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA BENCH “D” KOLKATA
Before: Shri P.M.Jagtap & Shri S.S.Godara
PER S.S.Godara, Judicial Member:
- This assessee’s appeal for assessment year 2002-03 arises against Commissioner of Income Tax (Appeals)-24, Kolkata’s order dated 15.04.2016, upholding the Assessing Officer’s action treating it to be an assessee in default on account of non deduction of TDS on interest amount of ₹1,02,342/- paid to the payee M/s Forward Looking Advisory Services Pvt. Ltd. thereby raising the demand in question of ₹34,965/-, involving proceedings u/s 201(1)/201(1A) of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
There does not appear to be any dispute per se between the parties so far as the basic fact is that assessee has not deducted TDS amount on the impugned interest amount paid to the company payee M/s Forward Looking Advisory Services Pvt. Ltd., to the tune of ₹3,15,374/-. The Assessing Officer noticed assessee’s above failure in ITA No.1465/Kol/2016 A.Y. 2002-03 Laurel Securities Pvt. Ltd. Vs. ITO Wd-58(3) TDS, Kol. Page 2 not deducting TDS. He accepted the fact that an amount of ₹2,13,932/- paid as interest was very well covered as per necessary certificate u/s 197(1) of the Act. There was no such certificate regarding balance interest figure of ₹1,02,342/-. The Assessing Officer accordingly treated the assessee to be an assessee in default u/s 201 and 201(1A) of the Act to compute the demand in question of ₹2,873/- and ₹14,092/-; totaling to ₹34,965/- as upheld in course of the lower appellate proceedings.
Learned Authorized Representative vehemently contends for sometime that its payee’s Form No.15AA dated 18.03.2002 issued up to 31.03.2002 very well covered the remaining payments in question as well. He then informs us that the said payee has already been assessed qua the corresponding interest income as per its audited accounts, computation and income tax return acknowledgement forming part of the case file. He fails to dispute the fact that all these documents relevant for necessary verification have nowhere been considered by the lower authorities. We therefore restore the instant issue back to the Assessing Officer for necessary verification as per law u/s 201(1) 1st proviso as per law after affording adequate opportunity of hearing to assessee. This assessee’s appeal is accepted for statistical purpose.
Order pronounced in open court on 31/07/2018 (लेखा सद!य) (#या$यक सद!य) (P.M.Jagtap) (S.S.Godara) Accountant Member Judicial Member *Dkp-Sr.PS %दनांकः- 31/07/2018 कोलकाता / Kolkata आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:- 1. अपीलाथ"/Appellant-Laurel Securities Pvt. Ltd. 313, Todi Chambers, 2, Lal Bazar Street, Kolkata-001
""यथ"/Respondent-ITO Wd-58(3), TDS, 10B, Middleton Row, 8th Fl, Kolkata-71 3. संबं(धत आयकर आयु+त / Concerned CIT 4. आयकर आयु+त- अपील / CIT (A) 5. ,वभागीय "$त$न(ध, आयकर अपील"य अ(धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड0 फाइल / Guard file. By order/आदेश से, // Sr. Private Secretary, Head of Office/DDO आयकर अपील"य अ(धकरण, कोलकाता
More judgments on Section 201(1)
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- Tmw Fintech Private Limited, Mumbai vs Circle 14(1)(2), MumbaiITA 30/MUM/2026[2019-20]Status: Disposed14 Oct 2026AY 2019-20
- State Bank of India, Guna vs Income Tax Officer, TDS, GwaliorITA 432/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
- State Bank of India Regional Business… vs Income Tax Officer, TDS Gwalior, GwaliorITA 420/AGR/2026[2016-17]Status: Disposed7 Oct 2026AY 2016-17
- State Bank of India, Tikamgarh vs Income Tax Officer, TDS ITO (TDS) Gwalior…ITA 411/AGR/2026[2017-18]Status: Disposed7 Oct 2026AY 2017-18
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026