2017 (10) TMI 61

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....uction of TDS by the assessee, in complete disregard to the provisions of section 194C & 40(a)(ia) and not appreciating the fact that the facts of the case of the judgement quoted by the assesse were entirely different from the assessee. 2. The appellant craves leave to add, amend or modify the grounds of appeal at any time. given to the assessee. 2. The brief facts of the case are that assessee filed her return of income on 30.9.2008 declaring income of Rs. 2,95,960/-. The return of the assessee was processed u/s. 143(1) of the Income Tax Act, 1961 (hereinafter referred as the Act) and the case was selected for compulsory scrutiny. Accordingly, statutory notices were issued to the assessee and served upon the assessee. In response to n....

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....ovisions of Explanation III to Section 194C (2) are extremely clear in this regard. By virtue of this provision, at the time of payment or credit to the account of the said parties the assessee was required to deduct TDS. Since the assessee ahs failed to comply with this provision, provision of section 40a(ia) are attracted in this case and accordingly the assessee was liable to deduct TDS. Accordingly, the AO assessed the income of the assessee at Rs. 69,18,660/- vide his assessment order dated 28.12.1010 passed u/s. 143(3) of the Act. Against the aforesaid assessment order, assessee appealed before the Ld. CIT(A)-XXVIII, New Delhi, who vide his impugned order dated 30.11.2011 has partly allowed the appeal of the assessee. Aggrieved with t....