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Issues: (i) Whether the assessee is liable as an assessee in default for short deduction of TDS under section 201 read with section 201(1A) of the Income-tax Act, 1961 where the deductees have shown and paid tax on the receipts and additional evidence to that effect is produced before the Tribunal.
Analysis: The appeals arise from demand raised on the ground that payments to landowners were subject to TDS under section 194IC of the Income-tax Act, 1961 at 10% whereas the assessee had deducted TDS under section 194IA at 1%. The assessee placed before the Tribunal additional documentary evidence comprising extracts of income-tax returns of the deductees showing disclosure and payment of tax on the receipts. A co-ordinate Bench decision dealing with identical facts allowed admission of such evidence and directed verification by the assessing officer. Having admitted the additional evidence, the matter is remitted to the assessing officer for verification of the deductees' tax compliance and for fresh adjudication in accordance with law, with the assessee to be afforded a reasonable opportunity of being heard and recomputation of interest under section 201(1A) if applicable.
Conclusion: Issue (i) decided in favour of the assessee; additional evidence admitted and the matter restored to the file of the assessing officer for verification and fresh adjudication in accordance with law.
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