2019 (1) TMI 141

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.... ORDER PER: VIJAY PAL RAO, J.M. This appeal by the assessee is directed against the order dated 19/03/2018 of ld. CIT(A)-3, Jaipur arising from order passed U/s 201(1)/201(1A) of the Income Tax Act, 1961 (in short the Act) for the A.Y. 2009-10. The assessee has raised sole effective ground of appeal, which is as under: "1. Under the facts and circumstances of the case, the ld. CIT(....

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....see challenged the action of the Assessing Officer before the ld. CIT(A). The ld. CIT(A) though accepted the contention of the assessee regarding the payment made to National Institute of Agricultural Marketing (NIAM) being the institution which is exempt from tax U/s 10(23)(3b) of the Act and accordingly deleted the addition made by the Assessing Officer in respect of the payment to NIAM. However....

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....ormation Technology, Government of India, thus as per the provisions of Section 194A(3)(iii)(f) of the Act, any society registered under the Societies Registration Act, 1860 financed wholly by the Government is exempt from TDS as per the notification No. SO3489 dated 22/10/1970. Hence, the ld AR has submitted that the payment made to the society is not liable for TDS as per the said notification i....

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....ct if any society is registered under the Societies Registration Act 1860 and financed wholly by the Government then as per the notification No. SO3489 dated 22/10/1970, the deduction of tax at source is not required so far as the interest paid to such society. Since this status of STPI being notified U/s 194A(3)(iii)(f) of the Act has not been verified by the authorities below, therefore, we set ....