TaxTMI 
TaxTMI 
2025 (9) TMI 923
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....ated 13.01.2025 arising out of the order passed under section 201(1) & 201(1A) of Income Tax Act, 1961 (in short 'Act') dated 30.03.2021. Cross objection is filed by the assessee in support of the order of the Ld. CIT(A). 2. Brief facts of the case are that, assessee being an individual purchased immovable property for a consideration of Rs. 3,02,39,680/- from a Non-resident Individual Shri K. Venkata Sita Rama Chandra Rao on 24.11.2015. It was noticed by the Ld. Assessing Officer [hereinafter in short "Ld. AO"] that the assessee has failed to deduct TDS on the above payments towards purchase of the property. Ld. AO thereafter issued a show-cause notice dated 22.12.2020 requiring the assessee to show cause why the order under section 201....
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....e said first provision to Section 201(1) is applicable to the payments made to 'resident' only, whereas in the case of the assessee the payments are made to 'non-resident' seller. 3. On the facts and in the circumstances of the case, and in law, whether the Id. CIT(Appeals) is justified in holding that the assessee cannot be deemed to be an assessee in default provided he satisfies the first proviso to sub-section (1) of Section 201 based on amended provisions w.e.f 01.09.2019 without appreciating the fact that these amended provisions are not applicable to the case of the assessee, as assessment year involved is A.Y.2016-17. 4. Any other ground of appeal that may be raised with the prior approval the Hon&#....
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....clarificatory proviso it can be applied retrospectively. He also submitted that various judicial pronouncements have held that the beneficiary provisions can be applied retrospectively unless otherwise specified, if it is not increasing the tax liability of the assessee. He therefore pleaded that order of the Revenue Authorities be quashed. 8. We have heard both the sides and perused the material available on record. It is an admitted and undisputed fact that the assessee has purchased the immovable property for a consideration of Rs. 3,02,39,680/- from Shri K.Venkata Sita Rama Chandra Rao on 24.11.2015. However, assessee has failed to deduct tax at source on the payments made to Shri K. Venkata Sita Rama Chandra Rao either under section....
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....an be applied retrospectively, if they do not impose any new burdens on the assessee. Further, Memorandum of Finance (No.2) of 2019 states that relief is available to deductor on payments made to "non-resident" shall be available which was considered as anomaly in the existing provisions. In these circumstances, it was also established by filing of Form 26A duly certified by Chartered Accountant that the seller has also discharged the tax liability. It is trite law that the same income cannot be taxed twice. We therefore of the considered view that there is no infirmity in the findings of the Ld. CIT(A) in remitting the matter back to the file of Ld. AO to verify the documents filed along with Form 26A and to grant the relief to the assesse....