If defects in Form 15H are curable then AO to provide opportunity to the Assessee before making any disallowance for non deduction of TDS

Industrial Thermoplastics Vs ITO (ITAT Mumbai) –  Whether the dis allowance is warranted u/s 40(a)(ia) for non-deduction of tax on interest payment by the assessee to a concern covered u/s 40A(2) though the assessee has explained that there is no taxable income of the corporation and the defects in Form 15H are curable and cannot be considered without giving an opportunity to rectify the defects. – Assessee’s appeal allowed.

IN THE INCOME TAX APPELLATE TRIBUNAL

“I” Bench, Mumbai

ITA No. 420/Mum/2010 (Assessment Year: 2005-06)

M/s. Industrial Thermoplastics  Vs. Income Tax Officer

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