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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI CHANDRA POOJARI & SHRI GEORGE MATHAN
आदेश / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER:
the Order of the Commissioner of Income Tax (Appeals)-3, Coimbatore, in dated 21.09.2016 for the AY 2013-14
Mr.K.Ravi, JCIT represented on behalf of the Revenue and Mrs.B.Jaisheila, CA, represented on behalf of the assessee.
It was submitted by the Ld.AR that the appeal filed by the assessee is delayed by 15 days for which the assessee has filed condonation of delay petition specifying that the mother-in-law of the person who was handling the tax matters of the assessee company had expired on 13.12.2016 and it was only after completing the religious rituals she could resume duties which was resulted in 15 days delay.
The Ld.DR did not raise any serious objections.
We have considered the rival submissions. As the assessee has given justifiable reasons for the delay in filing of the appeal, the delay of 15 days stands condoned and the appeal disposed off on merits.
On merits, it was submitted by the Ld.AR that the AO had disallowed the interest payments made to NBFCS without deducting the tax at source by applying the provisions of Sec.40(a)(ia) of the Act. It was a ITA No.3480/Mds/2016 & :- 3 -:
submission that NBFCS have paid taxes on the interest payments and consequently no disallowance u/s.40(a)(ia) was liable to be made.
In reply, the Ld.DR submitted that the assessee has not produced any evidence to show that the NBFCS has paid taxes on interest paid by the assessee to them. It was a submission that the order of the Ld.CIT(A) was liable to be confirmed.
We have considered the rival submissions. Admittedly, the assessee is liable to be deducted TDS on the interest paid to the NBFCs.
Admittedly, the assessee has not deducted the TDS on such interest paid.
The assessee is also unable to produce any evidence to show that the interest paid by the assessee has been considered in the income by NBFCs. This being so, we find no error in the order of the Ld.CIT(A) or the AO, consequently the order of the Ld.CIT(A) stands confirmed.
In the result, the appeal filed by the assessee stands dismissed.
ITA No.671/Mds/2017 for the AY 2011-12:
Order of the Commissioner of Income Tax (Appeals)-3, Coimbatore, in dated 19.11.2015 for the AY 2011-12.
Mr.K.Ravi, JCIT represented on behalf of the Revenue and Mrs.B.Jaisheila, CA, represented on behalf of the assessee.
ITA No.3480/Mds/2016 & :- 4 -:
It was submitted by the Ld.AR that the appeal filed by the assessee is delayed by 408 days. It was a submission that the delay was on account of the misplacement of the order of the Ld.CIT(A) by an employee in the Office of the Chartered Accountant of the assessee. The Affidavit has been filed by the partner of the assessee’s firm. There is no Affidavit of the concerned Chartered Accountant or the employee of the Chartered Accountant. Consequently, we are of the view that the delay in filing of the appeal has not been properly explained. Consequently, the appeal filed by the assessee stands dismissed in limine.
In the result, the appeal filed by the assessee stands dismissed.