2022 (6) TMI 145

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....essment year 2012-13. The said order was originated by order of the learned Income Tax Officer, Ward - 2 (2), Jammu (in brevity the AO) passed under section 143(3) of the Act, date of order 23.02.2015, for assessment year 2012-13. 2. The brief fact of the case is that assessee paid to its parties M/s. K.C. Cold Storage amount to Rs. 618,630/- for cold storage charges and Rs. 1,08,650/- to M/s. C.A. International for security charges. No TDS was deducted at source. The assessee violated the section 201 of the Act. Both the expenses are disallowed by the learned AO under section 40(a)(ia) of the Act. The Aggrieved assessee filed appeal before the learned CIT(A) and filed the certificates before the ld. appellant authority. Both the certifica....

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....- and Rs. 1,08,658/-. The second proviso to section 40(a)(ia) of the Income Tax Act introduced by the Finance Act 2012 (which provides that where an assessee fails to deduct whole or any part of the tax in accordance with the provisions of chapter XVII-B but is not deemed to be an assessee in default under I* provision to 201(1) to the payee has filed the return taking into account such sum for computing his income has paid tax due on such income declared and furnishes a certificate to this effect from on accountant. the assessee shall not be subject to disallowed in respect of such source has retrospective application. When a provision is made in fiscal statute for the benefit of the assessee, in the absence of any express provision wh....

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....prescribed form for payment of tax on the amounts received from the assessee but could not produced the same. Under such circumstances, no relief can be allowed to the assessee. Moreover, I am also of the opinion that the assessee was required to deduct tax at source on both the payments under consideration. Under such circumstances, the action of the Assessing Officer in making additions of Rs. 6,18,630/- on account of disallowance of expenses for failure on the part of the assessee to deduct tax at source on Cold Storage Charges paid to M/s. K.C. Cold Storage & Ice Factory and Rs. 1,08,650/- on account of disallowance of expenses for failure on the part of the assessee to deduct tax at source while making payment on account of Security ch....