SH. KAMAL DEEN SHEKH,CHAMBA vs. ACIT, CIRCLE, PALAMPUR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the lower authorities misinterpreted the audit report. The auditor's 'N.A.' (Not Applicable) response to the applicability of Chapter XVII-B indicated that TDS provisions were not considered applicable, not that TDS was deductible but not deducted. Therefore, the addition under Section 154 was incorrect.
What were the facts?
The assessee argued that the tax deductibility at source on machinery hiring charges was a debatable issue and thus not rectifiable under Section 154. The Assessing Officer and CIT(A) believed a mistake was apparent from the audit report (Form 3CD) for not disallowing expenses under Section 40(a)(ia).
What were the issues?
Whether a debatable issue regarding TDS applicability on machinery hiring charges can be rectified under Section 154. Whether the interpretation of Form 3CD by the lower authorities was correct.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
ITA No. 1151/Chd/2017- Sh Kamal Deen Sheikh, Palampur 2
assessee has contended that whether the tax was deductible at source
or not in respect to payments made by the assessee on account of
machinery hiring charges was a debatable issue. That the addition
could not be made u/s 154 of the Act in respect of the debatable issue
as the same does not constitute the mistake apparent on record. The
Ld. counsel has further invited our attention to the observation made
by the Assessing officer as well as the CIT(A) on the basis of the
audit report in form No. 3CD, from the perusal of which the
Assessing officer formed an opinion that a mistake apparent on
record had occurred in not making disallowance u/s 40(a)(ia)
because of the failure of the assessee to deduct TDS on the payments
made for hiring charges. The Ld. counsel has submitted that the
lower authorities have wrongly interpreted the relevant column in
audit report in form 3 CD. In fact, in column No.27, the auditor
had reported that assessee had not deducted TDS and further in
relation to the question : “if the provisions of Chapter XVII-B have
not been complied with, please give the following details”. The
assessee has answered as “N.A.”, which means ‘not applicable’.
Therefore, it was mentioned in the audit report that the provisions of
Chapter XVII- B were not applicable to the case of assessee.
However, the lower authorities wrongly interpreted this information
to form an opinion that it was mentioned in the form 3CD that TDS
was deducible but the assessee had not deducted the same. The Ld.
Counsel, therefore, has submitted that the lower authorities have
exceeded their jurisdiction in making the impugned addition on the
debatable issue under the provisions of section 154 of the Act.
ITA No. 1151/Chd/2017- Sh Kamal Deen Sheikh, Palampur 4
The appeal of the assessee is hereby allowed. Order pronounced in the Open Court on 02.08.2018
Sd/- Sd/- (B.R.R KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 02.08. 2018 Rkk Copy to: • The Appellant • The Respondent • The CIT • The CIT(A) • The DR
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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