2026 (4) TMI 1768

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....rned CIT(A) confirming the order passed by the learned Assessing Officer in so far as it is against the Appellant, is opposed to law, weight of evidence, natural justice, probabilities, facts and circumstances of the case. 2. The learned CIT(A) has erred by confirming the order passed by the learned Assessing Officer learned Assessing Officer treating the Appellant as Assessee in default for not deducting the taxes at source on certain provisions for expenses made in the books of accounts on the facts and circumstances of the case. The learned Assessing Officer erred in assessing the tax liability of the Appellant at Rs. 21,58,524 on the facts and circumstances of the case. 3. The learned CIT(A) has erred by holding that t....

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.... taxes have been deducted at source and paid in respective years by the Appellant on the facts and circumstances of the case. 8. The learned CIT(A) Assessing Officer ought to have appreciated that the Appellant has deducted and deposited the taxes at source on interest expense on due basis on the facts and circumstances of the case. 9. Without prejudice, the learned CIT(A) has erred in law in confirming the levy of interest under the provisions of section 201(1A) of the Act on the facts and circumstances of the case. 10. Without prejudice, the learned CIT(A) has erred in law in confirming the initiation of the penalty proceedings under the provisions of the Act on the facts and circumstances of the case. ....

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....edings made u/s. 201 of the Act. 3. As against the said order, the present appeal has been filed before this Tribunal. 4. At the time of hearing, the Ld.AR submitted that the assessee had not deducted the tax at source on the purchase of the land since the said amount was charged to the statement of profit and loss account and therefore the non-deduction of TDS on the purchase of the land is in order and therefore on that score, the assessee could not be treated as assessee in default. In respect of the other expenses on which the TDS was not deducted, the assessee submitted that the occasion has not arisen on the provisions which has not been crystallized and therefore the responsibility to deduct tax arise only when the appellant is....

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....g an immovable property and also on the payments made during the year. 8. Insofar as the non-deduction of TDS on the purchase of immovable property, the assessee himself had accepted that the property has been purchased for a total value of Rs. 4.81 crores whereas deducted the TDS of Rs. 1.43 crores and the reason for non-deduction for the balance payments is that the said amount was debited in the P&L account of the assessee. We do not find that the said explanation is in order. When the property has been purchased by the assessee without payment of the sale consideration, the property would not be transferred to the assessee and in that circumstances, as per section 194IA of the Act, necessarily, the assessee has to deduct the TDS on t....