In View Of The Apex Court Decision, The Matter Is Remanded To The Tribunal For A Fresh Decision. The Other Decision Relied Upon By The Department Reported In Co v. Canara Bank , 2018 (406) Itr 161 (Sc) May Also Be Looked Into And Decided Accordingly

Court No. - 35Case :- INCOME TAX APPEAL No. - 278 of 2017Appellant :- The Commissioner Of Income Tax And Anr.Respondent :- Greater N.I.D.A. H-169, Chitvan Estate Sector-GammaCounsel for Appellant :- Gaurav Mahajan Hon'ble Bharati Sapru,J.Hon'ble Piyush Agrawal,J. Heard Sri Gaurav Mahajan and Sri Bhanu BhushanJauhari, learned counsels for the respondent. The present appeal is filed by the Department beingaggrieved by an order passed by the Tribunal dated24.03.2017 for the assessment year 2012-13. The appealwas admitted on 19.09.2017 on the following singlequestion of law. "Whether in the absence of a certificate contemplated underSection 197A of the Income Tax Act, the Tribunal was justifiedin deleting the addition made under Section 194A for notdeducting tax at source on the interest paid on the loan takenby the assessee from NOIDA?" Learned counsel for the appellant has brought to the notice of the Court the decision of Apex Court in the case ofrespondent authority itself reported in 2018 (406) ITR 178(SC) where the Apex Court has come to the conclusionthat the respondent-authority is not a local authority inview of the amendment made in the explanation to Section10(20) of the Income Tax Act. In view of the Apex Court decision, the matter isremanded to the Tribunal for a fresh decision. The otherdecision relied upon by the Department reported inCommissioner of Income Tax (TDS) and another Vs.Canara Bank, 2018 (406) ITR 161 (SC) may also belooked into and decided accordingly. The appeal is accordingly disposed of. Order Date :- 18.1.2019Nitin Verma