ITO, NEW DELHI vs. SHRI ROHIT JAIN, NEW DELHI

Date of Hearing 04.07.2016 Date of Pronouncement 25.07.2016 ORDER The present appeal has been filed by the Revenue assailing the correctness of the order dated 17.10.2014 of CIT(A)-XXIII, New Delhi pertaining to 2010-11 assessment year on the following ground: – 1. “On the facts and in the circumstances of the case, the Ld.CIT(A) has erred in holding that no payment in the nature of brokerage/commission liable to Tax Deduction at Source u/s 194H of the Act and hence not hit by the provisions of section 40(a)(ia) of the Act, has been made by the assessee to his clients who had booked flats in various projects through him and only discounts were offered to the clients whereas the assessee admittedly stated in his letter dt. 23.01.2013 that they have deducted TDS on the payments which have been shown as “discount” in the next assessment year."

2. It was a common stand of the parties before the Bench that by way of the present appeal the challenge is posed to the addition of Rs.23,18,228/- by the Revenue and in view of Circular No.21/2015 dated 10th December, 2015 of CBDT the tax effect being less than Rs.10 lakh the appeal is not maintainable.