M/S SPEARSEARCH SOLUTIONS,NEW DELHI vs. INCOME TAX OFFICER, NEW DELHI
Appeal is allowed
ITA 3216/DEL/2025[2014-15]Status: DisposedITAT Delhi25 Sept 2025AY 2014-15
Bench: Shri Satbeer Singh Godara\Nand\Nshri S. Rifaur Rahman\Nita No.3216/Del/2025\N Assessment Year: 2014-15\Nm/S. Spearsearch Solutions,\Nf-4 & 5, Street No. 3, Near\Nnathu Sweets, Laxmi Nagar,\Nvikas Marg,\Nnew Delhi\Npan: Abofs7069J\N(Appellant)\Nvs.\Nincome Tax Officer,\Nward-77(3),\Nnew Delhi\N(Respondent)\Nassessee By\Ndepartment By\Nsh. P.D. Mittal, Ca\Nsh. Om Prakash, Sr. Dr\Ndate Of Hearing\Ndate Of Pronouncement\N25.09.2025\N25.09.2025\Norder\Nper Satbeer Singh Godara, Jm\Nthis Assessee'S Appeal For Assessment Year 2014-15, Arises\Nagainst The Commissioner Of Income Tax (Appeals)/Addl./Jcit(A)-\N1, Mumbai'S Din & Order No.\Nitba/Apl/S/250/2024-\N25/1074646000(1), Dated 18.03.2025 Involving Proceedings Under\Nsection 201 Of The Income-Tax Act, 1961 (Hereinafter Referred To As\N'The Act').\N2.\Nheard Both The Parties. Case File Perused.\Ncoming To The Assessee'S Sole Substantive Ground That Both\Nthe Learned Lower Authorities Herein Have Erred In Law & On Facts\Nin Treating It As The Assessee In Default In Section 201(1)\Nproceedings We Note At The Outset That The Lower Appellate\Ndiscussion To This Effect Reads As Under:\N“Submission- The Submission Of The Assessee Is Reproduced As Under:\Nsub: Response To Notice U/S 250 Vide Din: Itba/Nfac/F/Apl\N1/2022-23/1050402744(1) Dated 04.03.2023 In Case Of M/S\Nspearsearch Solutions (Pan: Abofs7069] & Tan: Dels389078), F4\N& 5. 1 Fluor.
Section 194Section 194CSection 201Section 201(1)Section 250Section 44ASection 9
section 133A of the Income Tax Act was conducted at\nthe business premises of the assessee on 11.2.2009. During the\ncourse of survey, it was noted that the assessee had made the\npayments of transmission charges to M/s PGCIL. but no tax was\ndeducted at source under the provision of the Income Tax Act. During\nthe proceedings before