2021 (9) TMI 796

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....ntant Member: The present appeal has been filed by the revenue against the order of ld. CIT(A)-2, New Delhi dated 27.06.2018. 2. Following grounds have been raised by the revenue: "1. Whether on the facts and in the circumstances of the case and in law, the ld. CIT (A) is legally justified in deleting the disallowance of Rs. 3,45,00,000/- made on account of non-deduction of TDS which is in vio....

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..... 3,45,00,000/- is added back to the income of the assessee u/s 56(2)(viib) of the Act." 5. Section 194IA reads as under: "After section 194-I of the Income-tax Act, the following section shall be inserted with effect from the 1st day of June, 2013, namely: "194-IA. Payment on transfer of certain immovable property other than agricultural land.- (1) Any person, being a transferee, responsible....

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....tion,- (a) "agricultural land" means agricultural land in India, not being a land situate in any area referred to in items (a) and (b) of sub-clause (iii) of clause (14) of section 2; (b) "immovable property" means any land (other than agricultural land) or any building or part of a building." 6. Further, Section 40(a)(ia) reads as under: "Section 40(a)(ia) (ia) thirty per cent of any sum....

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....rst proviso to sub-section (1) of section 201, then, for the purpose of this sub-clause, it shall be deemed that the assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the 38[resident] payee referred to in the said proviso. Explanation.-For the purposes of this sub-clause,- (i) "commission or brokerage" shall have the same meaning as in clause (....