2018 (9) TMI 2072

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...., Advocate. For the Respondent : Shri. B. Sagadevan, IRS, JCIT. ORDER PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER: In this appeal filed by the assessee, it assails a disallowance of Rs. 9,20,853/- made by the ld. Assessing Officer u/s.40(a)(ia) of the Income Tax Act, 1961 (herein after referred to as 'the Act') for want of deduction of tax at source. 2. Assessee has filed this appeal w....

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....d on 18.03.2016 requesting it to furnish Form 26A. However, as per the ld. Authorised Representative, ld. Assessing Officer took a view that assessee had failed to deduct tax at source on such payments, and made a disallowance of Rs. 9,20,853/- u/s.40(a) (i) of the Act. Further, as per the ld. Authorised Representative, assessee's appeal before ld. Commissioner of Income Tax (Appeals) did not meet....

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....default. Further, according to him, by virtue of proviso to Section 40(a)(i) of the Act, assessee could not be deemed as one in default, once the payee had paid due taxes and returned the interest income. The proviso as per the ld. Authorised Representative had to be construed retrospectively by virtue of the judgment of Hon'ble Delhi High Court in the case of CIT vs. Ansal Land Mark Township P. L....

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.... in the case of Ansal Land Mark Township P. Ltd (supra), first proviso to Section 201(1) as well as proviso to Section 40(a)(i) of the Act had to be construed retrospectively. Considering the facts and circumstances of the case, we are of the opinion that issue requires a fresh look by the ld. Assessing Officer. Ld. Assessing Officer can use the powers vested on him for getting the required inform....