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Case Law Details

Case Name : Shri Anil Khandelwal Vs ITO (ITAT Indor)
Appeal Number : ITA No. 299/Ind/2016
Date of Judgement/Order : 12/10/2018
Related Assessment Year : 2009-10
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Shri Anil Khandelwal Vs ITO (ITAT Indor)

Once the condition of further proviso of Section 194C(3) of the Act are satisfied, the liability of the payee to deduct tax at source would cease. Examining the facts of the instant appeal we find that the assessee received Form 15I from the truck owner namely Shri Kishorilal Birla on various dates in which detail of only one truck was mentioned. The conditions provided in further proviso of 194C(3) of the Act was duly complied as Form 15I was received by the assessee from the truck owner who was stated to be a owner of not more than two goods carriers. Due to this reason the assessee did not deduct tax at source accepting the details provided in Form 15I as genuine. It is true that Shri Kishorilal Birla owned more than two trucks but for the wrong statement given by him in Form 15I the assessee cannot be penalized. The assessee being engaged in transport business and come across with hundreds of truck owners and at the time of payment when Form No.15I is received he cannot just raise doubts about the genuineness of the details mentioned therein. If the truck owners make wrong statement then the revenue authorities are free to take action against them as per provisions of law because the details on Form 15I received by the assessee are furnished to the Commissioner of Income Tax within whose area of jurisdiction the office of the contractor is situated.

We are of the considered view that no disallowance was called for u/s 40(a)(ia) of the Act at Rs.22, 19,660/- made by the Assessing Officer. We accordingly set aside the order of Ld.CIT(A) and allow the ground No.1 raised by the assessee.

FULL TEXT OF THE ITAT JUDGMENT

This appeal of Assessee pertaining to A.Y. 2009-10 is directed against the order of Ld. Commissioner of Income Tax(Appeals)-II, Indore (in short ‘CIT(A)’), dated 30.11.2015 which is arising out of the order u/s 143(3)/263 of the Income Tax Act 1961 (hereinafter called as the ‘Act’) framed on 26.03.2014 by ITO-5(3), Indore.

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