TUV Rheinland NIFE Academy (P.) Ltd. v. ACIT (2022) 194 ITD 78 (Bang.)(Trib.)

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Interest on Bank loans-Interest paid on bank loans is not liable to TDS deduction and hence disallowance is not called for-Matter remanded for verification. [S. 37(1)]

Held that interest paid on bank loans is not liable to TDS deduction and hence disallowance under section 40(a)(ia) is not called for. However, Commissioner (Appeals) having confirmed disallowance only for want of evidence, it is viewed that assessee should be provided with an opportunity to produce evidences in support of its claim and accordingly, order passed by Commissioner (Appeals) on this issue was to be set aside and restored to file of Assessing Officer for examination afresh. (AY. 2016-17)