Held, that wrong mentioning of section would not amount to wrong application of jurisdiction. Once an assessment had been validly initiated, typographical errors could take place in respect of mentioning of particular section. Admittedly, the Assessing Officer had invoked his powers under section 40(a)(ia) of the Act for the purpose of making the disallowance on account of non-deduction of tax at source. Admittedly, reference to the relevant section under which tax at source should have been done was wrong. This did not excuse the assessee for non-deduction of tax at source. The order of the Commissioner (Appeals) deleting the disallowance was to be reversed and the order of the Assessing Officer on this issue restored. Regards payments to contractors the matter was remanded to the Assessing Officer to grant an opportunity to produce Permanent Account Number details. (AY.2011-12)
Dy. CIT v. G. N. Enterprises (2022)100 ITR 37 (SN)(Cuttack) (Trib)
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Rent-Mentioning of wrong section-Does not absolve assessee of liability for failure to deduct tax at source-Disallowance sustainable-Payment to contractor-Truck drivers and transport agencies-Assessee to be granted opportunity to produce Permanent Account Number details before the Assessing Officer. [S. 194C, 194 IA]