2025 (10) TMI 904

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....AC) Chandigarh erred in passing order by confirming the order passed u/s 201(1)/201(1A) of the Act. 2. Your Appellant submits that the appellate order passed u/s 250 of the Act by the NFAC which is in haste and hurry and without giving reasonable opportunity of being heard to the appellant. The assessment was completed on presumption, guess work and the same be deleted. 3. Additions/disallowances under the following heads: Head of Additions disallowances Additions Disallowance by the learned Assessing Officer and confirmed by the CIT (A) 1) Failure to deduct TDS on Commission Expenses of Rs. 16,11,287/- as per provisions of Sec 195 of the Act. -Liable to pay the sum u/s 201(1) and -Interest Chargeable the....

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....levant documents in support of claim that no TDS provisions applicable to the concerned clients. Thus, not liable to pay the sum u/s 201(1A) of the Act and applicable interest thereon u/s 201(1A) of the IT Act, 1961. It is therefore submitted that relief claimed above be allowed and the order of the Assessing Officer be modified accordingly. Your Appellant reserves right to add, alter, amend to withdraw any or all Ground of Appeal." 3. The assessee filed return of income on 31-10-2017 thereby declaring loss at Rs. (-) 5,13,57,857/-. The assessment proceedings were completed u/s. 143(3) of the Act, 1961 on 27- 12-2019 assessing total loss at Rs. (-) 5,03,31,550/- by making disallowances including disallowance u/s. 40a(i)....

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....f Double Taxation Avoidance Agreement with countries of residents of the parties concerned. Form15CB was obtained for each transaction involving payment of non-resident taxation at source advised by the chartered accountant was duly deposited. On perusal of clause 24b of Form 3CD issued by the tax auditor, no none compliance on the part of the company with respect to deduction of tax at source was reported. Thus, the assessee is not to be considered as assessee in default as per provisions of section 201 of the Act. 6. The ld. D.R. relied upon the order u/s. 201(1) r.w.s. 201(1A) of the Act. 7. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the payment was made to....