SHRI RAM PRASAD SOCIAL FOUNDATION,BHIND vs. TIO WARD-2(1), GWALIOR
What did the Tribunal hold?
The Tribunal noted that the assessee had collected Forms-15G from recipients. Citing the case of Karwat Steel Traders vs ITO, the Tribunal held that TDS liability cannot be fastened on the deductor if Forms-15G are collected.
What were the facts?
The assessee filed an appeal against the CIT(A)'s order, which confirmed proceedings under section 143(3) of the Income-tax Act, 1961. The lower authorities invoked section 40(a)(ia) for disallowance due to non-compliance with TDS provisions.
What were the issues?
Whether disallowance under section 40(a)(ia) is justified when the assessee has collected Forms-15G from recipients.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- Karwat Steel Traders v. ITO13 citing145 ITD 370 · 2013 · ITAT
Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for assessment year 2014-15, arises against the Commissioner of Income Tax (Appeals) [in short the “CIT(A)], Gwalior’s order in appeal no. CIT(A),Gwlior/10329/2016-17 dated 05.10.2018, involving proceedings under section 143(3) of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties at length. Case file perused.
We note at the outset that both the learned lower authorities have invoked section 40(a)(ia) disallowance in the assessee’s hands on the ground that it had not complied with the TDS deduction provisions whilst making specific payments to the recipients concerned.
It is in this factual backdrop that our attention is invited to para 3 of the assessment order that the assessee had stated all along to have collected the relevant Forms-15G from its recipients. That being the case, we quote Karwat Steel Traders vs ITO, (2013)145 ITD 370 (Mum) that no such TDS liability could be fastened at deductor’s hands once it collects prescribed Forms-15G from the recipients. We accordingly delete the disallowance herein.
This assessee’s appeal is allowed. Order pronounced in the open court on 13THFebruary, 2025.
Similar judgments
Other orders that rely on the same authority or decide the same section.
- Shri. Parasmal Dhanraj, Bangalore vs ITO, BangaloreBangalore14 Jan 2016Allowed
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The Tribunal set aside the issue to the Assessing Officer for verification of TDS payments and the genuineness of loans advanced. The appeal was allowed for statistical purposes.
- I.T.O., Ward-35(3), Kolkata vs Shri Kamal Kishore Toshniwal, KolkataKolkata29 Nov 2017Dismissed
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- Kudale Agro Foods, Pune vs Income Tax Officer, Circle-14, PunePune7 Feb 2025Partly Allowed
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The Tribunal held that disallowance under Section 40(a)(ia) is not applicable if the recipient NBFCs have included the interest income in their returns and paid taxes. For one NBFC, the matter was remanded for verificati...
- Deputy Commissioner of Income Tax… vs Essix Biosciences Limited, ChandigarhChandigarh12 Apr 2024Partly Allowed
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The Tribunal condoned the delay in filing the cross-objections. It held that the disallowance under Section 40(a)(ia) was wrongly made as the recipients had offered the interest income to tax. For Section 14A, the disall...
- Shri. Khadari Syyeadhusenpeera… vs Assistant Director of Income Tax, Central…Bangalore23 Jan 2023Remanded
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The Tribunal held that while the non-filing of Form No. 26A with the DGIT (Systems) might attract penalty, it should not lead to disallowance of expenditure under Section 40(a)(ia). The issue was remitted to the AO for r...
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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