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ITA Nos. 201 to 204/Chd/2018- Dhauladhar Educational Society, Distt.Kangra 2
Before the Assessing officer, neither the assessee nor its
representative filed any submissions and the Assessing officer passed
an ex-parte order declaring the assessee as ‘assessee in default’.
However, in appeal before the CIT(A), the assessee submitted that so
far as the interest payments made to M/s Kotak Mahindra Bank was
concerned, the same were exempt from the purview of section 194A
of the Act being falling under the exemption clause of section 194A(3)(i)(a) of the Act as the Kotak Mahindra Bank was a banking
company to which the Banking Regulation Act, 1949 applies. The
second submission of the assessee has been that so far as the interest
payment made to Mahindra and Mahindra Financial Services Ltd was
concerned, that the said company in its return of income had taken
into account the interest received from the assessee. The Ld. CIT(A),
however, dismissed the appeals of the assessee on merits vide order
dated 26.7.2017 on the ground that the assessee had not furnished the
return of income of the payee u/s 139 of the Act.
Being aggrieved, the assessee filed M.A. u/s 154 of the Act
and sought to furnish the PAN Number and status of one of the
payee Kotak Mahindra Bank being a banking Financial Company.
The Ld. CIT(A), however, dismissed the application filed u/s 154 of
the Act holding that the assessee had not furnished the above details
during the appellate proceedings.
After considering the rival contentions of the parties, we are of
the view, that the Ld. CIT(A) should not have dismissed the appeals
of the assessee. That the assessee had already pleaded that the