Bipinchandra Hiralal Thakkar v. ITO (2021) 187 ITD 477 / 211 TTJ 496 / 201 DTR 227 (Surat)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Presumptive taxation scheme-Interest-No disallowance can be made for failure to deduct tax at source. [S. 44AB, 44AD, 194A]

Allowing the appeal the Tribunal held that  provisions of section 44AD overrides all other provisions contained in section 28 to 43C of the Act.   Since turnover/sales of assessee for relevant assessment year was to tune of Rs. 92 lakhs approx., which was below threshold limit of one crore rupees as prescribed in section 44AD, assessee was entitled to take benefit of provisions of said section. Accordingly  the assessee was not liable to deduct TDS on interest payments and impugned disallowance under section 40(a)(ia) was to be deleted. (AY. 2007-08)