Tribunal followed Hindustan Coco Cola Beverages P. Ltd. v. CIT ( 2007) 293 ITR 226 (SC) and held that the burden is on assessee to prove that recipient had declared the income -AO is directed to calculate the interest only for period of default. (AY. 2007-08, 2008-09)
Janapriya Engineers Syndicate Ltd v. ITO (2019) 70 ITR 370 (Hyd.)(Trib.)/CIT v. Engineers Reddy Homes (P) Ltd ( 2019) 70 ITR 370 (Hyd) ( Trib)
S. 40(a)(ia) : Amounts not deductible-Deduction at source- burden is on assessee to prove that recipient had declared the income-AO is directed to calculate the interest only for period of default. [S. 201(1), 201(ia)]