2025 (8) TMI 912

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.... ORDER PER MANISH AGARWAL, AM : The present appeal is filed by the assessee against the order dated 05.12.2023 passed by Ld. Commissioner of Income Tax (A), National Faceless Appeal Centre, Delhi ["Ld.CIT(A)"] in Appeal No.CIT(A), Delhi-5/10453/2019-20 u/s 250 of the Income Tax Act, 1961 ["the Act"] arising from the assessment order dated 21.12.2019 passed u/s 143(3) of the Act pertaining t....

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....fore the Tribunal by taking following grounds of appeal:- 1. "That the AO and Ld.CIT(Appeals) has completely erred on facts and in law in disallowing the Employee Contribution for Rs. 18,75,500/-. 2. That the AO and Ld.CIT(Appeals) has completed erred on facts and in Law in disallowing interest on TDS amount for Rs. 4,13,60,549/-." 4. During the course of appellate proceedings....

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....fore us, Ld.AR for the assessee submits that the assessee alongwith petition under Rule 46A before Ld.CIT(A), had filed the necessary evidences of the income declared by ECL Financial Ltd however, the same has not been considered and the addition is confirmed by Ld.CIT(A). Ld.AR requested that matter may be sent back to the file of Ld.CIT(A)/AO so that the necessary evidences of payment of tax by ....

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.... by including the same as income in its return of income which has not been considered by the lower authorities. As per second proviso to section 40(ia) when the assessee is not held as assessee in default under first proviso to sub-section (1) of section 201 of the Act, therefore, upon submissions of the necessary certificate with respect to the payment of tax by the recipient company on the amou....