Income Tax

No obligation to deduct TDS when CIT not rejected Form No. 15G for delay in filing

No obligation to deduct TDS when CIT had not rejected Form No. 15G filed by the assessee on the ground of not being filed in time – ITAT

ABCAUS Case Law Citation:
ABCAUS 2821 (2019) (03) ITAT

The appeal in this case was filed by the assessee against the order of CIT(A) in upholding the order of the Assessing Officer (AO), making disallowance of interest paid on unsecured loans u/s 40(a)(ia)of the Income tax Act, 1961 (the Act).

The assessee firm was was a general merchant and commission agent. The case of assessee was taken up for scrutiny.

On verification of details and books of account, the AO observed that the assessee had paid interest on unsecured loans to different parties.

The assessee explained that it had filed declarations in Form No. 15G u/s 197A rwr 29C for payment withour deduction of tax at source, in respect of three persons in the office of Commissioner of Income Tax and also filed copies of the same before the Assessing Officer.

The Assessing Officer on verification observed that the assessee had failed to furnish the said Form No. 15G in respect of one party in the office of Commissioner of Income Tax, within stipulated time.

In respect of other two persons, the assessee failed to furnish any proof of filing the said forms.

In any case, according to the Assessing Officer, last date for filing the Form 15G with CIT was 7th of next month which was not adhered by the assessee. Hence, disallowance was made in the hands of assessee.

The CIT(A) upheld the same.

The Tribunal observed that the assessee was to pay interest to three different parties, who in turn, had submitted form No. 15G, requesting the assessee not to deduct tax at source out of interest payments.

The Tribunal further observed that under the provisions of the Act, a system is placed wherein the persons in receipt of certain payments and requested for non deduction of tax at source, where their income is below the tax limits; in such circumstances the persons have to furnish form No.15G, which in turn, have to be filed by the deductor before the Commissioner. The same have to be deposited by 7th of next month in which he had received the said forms.

The Tribunal noted that in the case of assessee, the said forms were filed on 9th i.e. after the delay of about two days, which was very minor and condoned it in the totality of the facts and circumstances.

The Tribunal also pointed out that in any case, the Commissioner accepting the said form No. 15G had not rejected the said forms on the ground of not being filed in time. In such circumstances, there was no requirement to deduct tax at source out of interest payments made to the persons, who had filed form No. 15G.

Accordingly, the Tribunal deleted the disallowance made under section 40(a)(ia) of the Act.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

If assessee fails to explain source of purchases, estimating profit rate contrary to Section 69C

When assessee failed to explain source of purchases expenditure, estimating profit rate was contrary to provision of Section 69C which…

18 hours ago
  • Income Tax

Income Tax Department not trusted even upon its lawyers – SC slams ITD for delay

Income Tax Department not trusted even upon its lawyers – SC slams ITD on adopting a long process resulting delay…

20 hours ago
  • GST

Goods loaded in two trucks with one e-way bill stating both truck numbers – No evasion

When goods are loaded in two trucks with one e-way bill specifically mentioning both truck numbers, no intention to evade…

2 days ago
  • Labour Laws

GOI makes four new Labour Codes  effective from 21st November 2025

GOI makes four new Labour Codes  effective from 21st November 2025 Government of India has announced that the four Labour…

2 days ago
  • EPFO

Provident fund dues have first charge over claim of bank under SARFAESI Act – SC

Provident fund dues definitely have a first charge over claim of bank under SARFAESI Act – Supreme Court In a…

2 days ago
  • Income Tax

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025

CBDT notifies the Capital Gains Accounts (Second Amendment) Scheme, 2025 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT…

3 days ago