ITAT Rules No TDS Default, No Disallowance on Expenses- Presumption Isn’t Proof

P.N. Memorial Neuro Centre & Research Institute Ltd. Vs DCIT (ITAT Kolkata) When TDS Details Are Already Filed, AO Cannot Disallow on Guesswork- No TDS Default, No Disallowance – Presumption Isn’t Proof Assessee, a medical institution, faced three major disallowances u/s 40(a)(ia) for alleged non-deduction of TDS: ₹2,59,40,940 on miscellaneous expenses of ₹8,64,69,802; ₹1,62,66,583 on incentive payments of ₹5,42,21,943; & ₹1,02,32,441 on sales-promotion expenses of ₹3,41,08,137. AO presumed that these expenses attracted TDS u/s 194J/194H & disallowed 30% of each...