M/S ANAND MOTOR AGENCIES LTD,KOLKATA vs. DCIT, CIRCLE-1(1), KOLKATA, KOLKATA

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ITA 765/KOL/2017Status: DisposedITAT Kolkata18 July 2018AY 2009-102 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A)'s order lacked findings on service of notice and adjudication on merits. Therefore, the issue was restored to the CIT(A) for fresh adjudication after providing the assessee an opportunity of hearing.

What were the facts?

The assessee debited interest expenditure, but failed to deduct TDS on a significant portion of it, claiming it pertained to entities exempt under Section 194A(3). The CIT(A) passed an ex parte order upholding the disallowance.

What were the issues?

Whether the disallowance of interest expenditure for non-deduction of TDS was justified, and whether the CIT(A) followed proper procedure in passing an ex parte order.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 263,Section 194A(3),Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “B” KOLKATA

Before: Shri S.S.Godara & Shri, M. Balaganesh

O R D E R

PER S.S.Godara, Judicial Member:

- This assessee’s appeal for assessment year 2009-10 arises against the Commissioner of Income Tax (Appeals)-9, Kolkata’s order dated 28.02.2017 passed in case No.200/CIT(A)-9/Cir-1(1)/2016-17/Kol., upholding Assessing Officer’s action disallowing interest paid to banks/NBFCs amounting to ₹1,78,20,138/- on account of non-deduction of TDS, in proceedings u/s 143(3) r.w.s 263 of the Income Tax Act, 1961; in short ‘the Act’.

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