2026 (1) TMI 1320

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er section 250 of the Income Tax Act, 1961[hereinafter referred to as "the Act"], arising out of the order dated 29.11.2024 passed by the Income Tax Officer, TDS Ward 1(1)(1), Mumbai [hereinafter referred to as "Assessing Officer or AO"], under sections 201(1), 201(1A) and 234E of the Act, for Assessment Year 2020-21. Facts of the Case 2. The Assessing Officer passed an order under sections 201(1) and 201(1A) of the Act on 29.11.2024, treating the assessee as an assessee in default for alleged non-deduction of tax at source on certain payments made during the relevant previous year. The Assessing Officer raised the following demand: Particulars Amount Tax payable under section 201(1) Rs. 1,59,646/- Interest under sectio....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of hearing before us, the learned Authorised Representative(AR) of the assessee submitted a written application seeking admission of additional evidence under Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963. 7. It was submitted that the assessee had inadvertently failed to deduct tax at source on the following payments totalling to Rs. 15,96,467/- : Name of Payee Nature of Payment Amount Paid TDS Amount Niraj Pamwani Rent Rs. 9,00,500/- Rs. 90,500/- Maithili Pamwani Rent Rs. 5,20,000/- Rs. 52,000/- Mustafa Ahmed Fees Rs. 1,35,967/- Rs. 13,597/- Ravi Dogra Fees Rs. 40,000/- Rs. 4,000/- 8. It was explained that during the proceedings under section 201 as well as befo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hat the assessee had filed the TDS return within the prescribed time and, therefore, levy of fee under section 234E is not applicable. The Assessing Officer was requested to verify the same and delete the fee levied. 13. The learned Departmental Representative, when confronted with the application for admission of additional evidence and the documents filed therewith, raised no objection to the admission of the same. We have considered the rival submissions, perused the orders of the authorities below and the material placed on record. 14. In view of the explanation furnished by the assessee and considering the fact that the additional evidence goes to the root of the matter, and further noting that the learned Departmental Representa....