2024 (10) TMI 1197

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....ER SHRI NARENDRA PRASAD SINHA, AM: This appeal is filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi, (in short 'the CIT(A)'), dated 28.12.2023 for the Assessment Year 2022-23. 2. There was delay of 3 days in filing of this appeal. The assessee has filed an affidavit explaining that in the original Form No.36 the name and designation of the respondent wa....

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.... case since we had purchased the Agriculture Land which is outside the purview of provision of section 1941A of the Income tax Act. 1961 As per provision of the Income tax Act, 1961 there was no our statutory liability to deduct TDS on Rs. 28.09 Lacs since we had payment made to three sellers below Rs. 50.00 Lacs. 2. The Learned NATIONAL FACELESS APPEAL CENTRE (NFAC) DELHI has erred in not consi....

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.... was imposed by the CPC-TDS while processing the TDS return. The Ld. AR explained that the consideration paid by the assessee was below Rs. 50 Lakhs and, therefore, he was not liable to deduct any TDS. In spite of this fact, the assessee had deducted the TDS and also deposited the same to the Government account within time. The delay in filing the TDS return was unintentional as the assessee was n....

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.... not have claimed exemption u/s.194IA(2) of the Act. This observation of the Ld. CIT(A) is not found to be correct. The deduction of TDS u/s.194IA of the Act at the relevant point of time, when the transaction was made by the assessee, was required to be made on the amount of payment as made by the assessee. The provision for TDS u/s.194IA of the Act on the stamp duty value of the property was int....