Oriental Bank of Commerce Vs ITO (ITAT Jaipur)
ITAT Jaipur held that matter is fit to remand back to file of AO since assessee has sufficient reason to establish non-deduction of tax, however, the evidences were not furnished before lower authority. Accordingly, appeal allowed and matter remanded.
Facts- The assessee is a nationalized bank engaged in banking services. On verification of the information so furnished, AO find that there is a short deduction of TDS for an amount of Rs. 7,26,006/- in this case on the various depositors wherein short fall were observed thus, ld. AO along with said short deduction also computed interest u/s 201(1A) of the Act totaling to Rs. 13,35,851/-.
Appeal preferred before CIT(A) was disposed off ex-parte as the notices were alleged to have not been served to the assessee. Being aggrieved, the present appeal is filed, however, with the delay of 482 days.
Conclusion- Held that based on that set of facts ld. AR of the assessee prayed to grant an opportunity to the assessee to present those facts on merits of the disputes as the assessee has sufficient reason to establish the non-deduction of tax by filing 27BA also that the tax to that interest paid by the branch has already subjected to tax by the payee. Considering the specific prayer of the assessee the bench is of the view that lis between the parties has to be decided on merits so that nobody’s rights could be scuttled down without providing an opportunity of being heard to the assessee. Therefore, based on those facts we deem it fit to remand the matter to the file of the ld. AO who will consider the factual aspect of the matter as raised by the assessee after due verification of the facts and charge the correct income in hands of the assessee after affording due opportunity to the assessee and dealing with the evidence placed on record. However, the assessee will not seek any adjournment on frivolous ground and remain cooperative during proceedings before the ld. AO.
