Bhikhabhai Parshottambhai Patel v. ITO (2023) 202 ITD 779 (Ahd)(Trib.)

S. 201 : Deduction at source-Failure to deduct or pay-Consideration above 50 lakhs-Failure to deduct tax at source and failure to file Form No 26A-Interest is leviable.[S.194IA, 201(1), 201(IA)]

Assessee along with his wife purchased a property for total consideration of Rs. 1.25 crores from three sellers/co-owners-Sellers individual share in said joint property was below Rs. 50 lakhs, therefore, both seller and purchaser was under bona fide impression that threshold limit for TDS was Rs. 50 lakhs, thus, no TDS was required to be deducted at rate of 1 per cent under section 194-IA.CIT(A) held that the assessee has not furnished mandatory Form No 26A along with the certificate of three sellers /co-owners along with computation of income. CIT (A) partly allowed the appeal. On appeal  the Tribunal held that since assessee had not filed Form no. 26A along with certificate of Chartered Accountant condition of section 201 was not fulfilled, interest under section 201(1)/(1A) is  to be levied upon assessee. (AY. 2015-16)