2015 (7) TMI 1317

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....6A and erred in law and on facts in deleting the addition of Rs. 6,10,58,022/- made by the Assessing Officer u/s. 40(a)(ia) of the Act as the Assessee had not produced any supporting evidence(s) (i.e. details regarding TDS made u/s. 194C of the Act) (which were required u/s. 37(1) of the Act) at the time of assessment proceedings before the Assessing Officer. 2. On the facts and in the circumstances of the case, the Ld. Commissioner of Income-Tax (Appeals)-XV, Ahmedabad ought to have upheld the order of the Assessing Officer. 3. It is therefore, prayed that the order of Ld. Commissioner of Income-Tax (Appeals)-XV, Ahmedabad may be set-aside and that of the Assessing Officer be restored." 2. The only issue in appeal is w....

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....t remand report stage, and has found payments totaling to Rs. 3,90,530/- exceeding the specified limit of Rs. 50,000/- warranting TDS deduction which was not done by assessee. Therefore, CIT(A) restricted the addition to Rs. 3,90,530/- u/s.40(a)(ia). The balance was directed to be deleted on the basis of verifications made by Assessing Officer at the remand report stage and also in view of fact that once Form No.15-I were collected, 15-J was just a procedural formality, which if not fulfilled would not warrant a disallowance. At remand report stage, assessee submitted copy of letter addressed to ITO(TDS), Ward, Ahmedabad, dated 25.06.2008 through which Form No. 15-J was submitted to the department. As the Form No. 15-I was collected by asse....

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....a) it is to be decided whether tax was deductible or not, if yes, whether deducted/paid or not. When we look into section 194C(3)(i) for the purposes of invoking 40(a)(ia), we find that only second proviso to it is sufficient to decide whether tax was deductible or not. Time factor involved for compliance of the conditions mentioned in two provisions are different. Second proviso is to be complied with at the time of making payment to the sub-contractor, whereas compliance of third proviso can be deferred till 30th June of next financial year. In other words, the contractor can wait to comply with third proviso till 30th June of next financial year after complying with second proviso. However, the decision on deducibility of tax from the pa....