TaxTMI 
TaxTMI 
2017 (9) TMI 1908
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.... Rs. 2.35,99,380/- is against law, weight of evidence and probabilities of the case. 2. The learned CIT(A) ought to have given sufficient opportunity for furnishing the particulars of interest payments made by the bank and that an opportunity should be given for the bank to furnish the acknowledgements in respect of the remaining branches for having furnished before the jurisdictional CIT copies of Form No.15G/ 15H. 3. The learned CIT(A) has erred by concluding that just because the copies of Form No. 15G/ 15H were not furnished within the prescribed time before the Jurisdictional CIT, the entire interest supported by Form No.15G/15H is liable for TDS. It is the appellant's contention that once the branch managers obtain Form-15G/H ....
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....g of the appeal the appellant prays that the appeal may be allowed. 2. During the course of hearing, the ld. counsel for the assessee has invited our attention that identical issues were examined by the Tribunal in the assessee's own case for the AYs 2011-12 & 2012-13 in which the Tribunal has restored the matter to the file of the AO to adjudicate the issue afresh after affording the assessee opportunity of being heard and assessee to file details/submissions. Copy of the order is placed on record. 3. The ld. DR did not dispute these facts. 4. Having carefully examined the orders of lower authorities and the order of the Tribunal in assessee's own case for the AYs 2011-12 & 201213, copy of which is placed on record, we find that the imp....
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....ise and deductee wise details of the interest payments and filling of the Form 15G/H, before respective CITs, in time and after giving a reasonable opportunity to the assessee, the claim of the assessee has to be considered accordingly." 6.0 It can be observed from the order of CIT(A), Hubli in assessee's own case for A.Y.2010-11 on the same issue, the assessee had not submitted the required information in time during the TDS verification by the jurisdictional AO. In the A.Y.2011-12 also the assessee has not submitted the information in time for TDS 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 t....
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....r his consideration. It is further observed by the ld CIT(A) that in similar circumstances, the ld CIT(A) while disposing off the assessee's appeal for asst. year 2010-11 on identical issues had, after considering the assessee's submissions, directed the AO to verify the branch wise and deductee wise details of the interest payments and filing of Form 15G/15H before the respective C'sIT in time and to consider the assessee's claims after affording reasonable opportunity to the assessee. After admittedly observing as above, the ld CIT(A) has strangely proceeded to uphold 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 ....