TaxTMI 
TaxTMI 
2018 (2) TMI 696
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....icer on verification in respect of TDS on interest payments made by the assessee, determined a sum of Rs. 61,14,41,704/- as TDS liability u/s 201(1) along with interest u/s 201(1A) of the Income-tax Act, 1961 2.2 Aggrieved by the orders u/s 201(1)/201(1A) of the Act passed by the AO, the assessee preferred appeal before the CIT(A). 2.3 The CIT(A) dismissed the assessee's appeal vide the impugned orders dated 29.08.2016. 3.1 Aggrieved by the order of the CIT(A), the assessee has preferred appeal before the Tribunal, wherein it has raised the following grounds : 1. The order u/s. 201/201(1A) of the learned Commissioner of Income-tax (A)in respect of the Assessment year 2013-14 determining the TDS Liability at Rs. 7.52 crore is against la....
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.... was delay, the formalities have been complied with and the genuineness of the claim was not doubtful, learned Commissioner (A) ought to have allowed the deduction in full. 7. The learned Commissioner (A) also ought to have appreciated that several payments of interest were outside the purview of Sec. 194A of the Act and consequently the provisions of Sec 40 (a)(ia) will not be applicable to justify the disallowance of deduction as claimed by the appellant. 3.2 We have heard rival contentions of the ld AR for the assessee in support of the grounds raised and the ld DR in support of the impugned order of the CIT(A). The grounds raised (Supra) are in respect of the treatment of the assessee by the authorities below as an assessee in defaul....
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....tion in time for TOS verification. Since the time is getting barred to complete the TDS verification process and to pass the order u/s 201(1)/201(1A) of the Act, the AO cannot wait for information and passed the order u/s 201(1)/201(1A) of the Act. It can be seen that this has become the assessee's regular practice for not producing information in time stating the practical problems of the assessee bank for collecting the information from all its branches. It is assessee's duty to comply with the TDS provisions and to keep the information ready which is mandatori ly to be maintained as per the TDS provisions. Whenever jurisdictional AO calls for information for TOS verification it is the assessee's duty to co-operate and provide....
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....old orders of the AO stating that the assessee is in the regular practice of not providing information required for TDS verification before the AO and since the matter was getting barred by limitation, the AO's action in passing the orders u/s 201(1)/201(1A) of the Act was upheld. In our considered view on an appraisal of the material on record, we find that the coordinate bench of the Tribunal in the assessee's own case for AYs. 2011-12 and 2012-13 had an occasion to deal with identical facts similar to that prevailing in the asst. years 2011-12 and 2012-13, where the AO was directed by CIT(A) to verify and examine the issue afresh and consider the assessee's claim after affording the assessee adequate opportunity of being heard. In the ca....