2017 (2) TMI 579

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....med by the assessee, the Revenue has approached this Court. 2. The Revenue has raised the following substantial questions of law before this Court: i. Whether on facts and in law the Tribunal is right in ignoring the provisions of second and third provisos to section 194C(3), as per which the assessee respondent was under obligation to furnish particulars of the declaration filed by the sub-contractors in Form No.15-I within due date i.e., 30.06.2008, in the manner prescribed i.e., Form No. 15J, to the prescribed authority and failure to do so, attracts violation of provisions of Section 194C(3) viz., disallowance under Section 40(a)(ia)? ii. Whether on facts and in law the Tribunal is right in not considering the decision of Hon'b....

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....at Rs. 57,56,2 90/-, along with other additions, an addition of Rs. 48,61 ,154/- was also made to the total income of the assessee. The latter amount is the amount of disallowance under Section 40(a)(ia) of the Act. By order dated 21.01.2013, the Assessing Authority observed that since the assesse e had failed to file the Form No.15J, the requirement of Section 194C(3) of the Act had not been fulfilled. Therefore, the said amount was disallowed under Section 40(a)(ia) of the Act. 5. Since the assessee was aggrieved by the assessing order, dated 21.01.2013, he had filed an Appeal before the CAT. By order dated 09.10.2013, the learned CAT dismissed the appeal filed by the assessee. 6. Therefore, the assessee further filed an appeal b....

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....t an ad dress which was opposite of the Office of Income Tax, where the Form actually needed to be submitted. Thus, merely an irregularity had been committed by the assessee and that too inadvertently. 9. Secondly, when the initial assessment was made by order dated 24.12.2010, the Assessing Officer had n oted this fact and had even mentioned that the copies of Form No.15J have been submitted by the assessee and are being kept in the record. Therefore, merely because an inadvertent mistake had cropped up, the Revenue is not justified in claiming that the essential requirements of Section 194C(3) of the Act have not been fulfilled by the assessee. Relying on the case of Commissioner of Income Tax v. Gurvinder Transport (Tax Appeal No.345 ....

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....2010. According to the said order, copies of Form No.15J had been received by him, and were kept in the record. Therefore, merely a human error had occurred. Hence, clearly the case is covered by the provision s of Section 292B of the Act. 13. Moreover, in the impugned order passed by the learned Tribunal, the learned Tribunal has noticed that under Section 40(a)(ia) of the Act, payment made to wards interest, commission or brokerage, etc., are to be disallowed while computing the total income of the assessee under the head "Profits and gains of business or profession", where the tax required to be deducted is not deducted or whereafter such deduction, the same has not been paid on or before due date of filing of the Income Tax return....