No Tax payable for non-deduction of TDS when income of assessee is exempt

Bihar Combined Entrance Competitive Examination Board Vs ACIT (ITAT Patna)

So far as the disallowance made by the ld. Assessing Officer under section 40(a)(ia) of the Income Tax Act is concerned, it is noted that since the income of the assessee is exempt under section 10(23C)(vi), therefore, any disallowance made under section 40(a)(ia) by the ld. Assessing Officer will only add to the income of the assessee, which otherwise is exempt under section 10(23C) as stated above. Therefore, the disallowance made by the ld. Assessing Officer will not create any tax liability of the assessee.

FULL TEXT OF THE ORDER OF ITAT KOLKATA

These two appeals filed by the assessee are directed against two separate orders both dated 27.11.2017 passed by the ld. Commissioner of Income Tax (Appeals)-1, Patna for A.Ys. 2014-15 and 2009-10 and since identical issues are involved therein, the same have been heard together and are being disposed of by a single consolidated order for the sake of convenience.

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