Income Tax (Tds) And Another v. Canara Bank, 2018(406) Itr 161 (Sc) May Also Be Looked Into And Decidedaccordingly

Case :- INCOME TAX APPEAL No. - 286 of 2017 Appellant :- The Commissioner Of Income Tax And Anr.Respondent :- Greter N.I.D.A. H-169, Chitvan EstateCounsel for Appellant :- Gaurav Mahajan Hon'ble Bharati Sapru,J.Hon'ble Piyush Agrawal,J. Heard Sri Gaurav Mahajan and Sri Bhanu Bhushan Jauhari,learned counsels for the respondent. The present appeal is filed by the Department being aggrieved by an order passed by the Tribunal dated 24.03.2017 for theassessment year 2015-16. The appeal was admitted on19.09.2017 on the following single question of law. "Whether in the absence of a certificate contemplated underSection 197A of the Income Tax Act, the Tribunal was justified indeleting the addition made under Section 194A for not deductingtax at source on the interest paid on the loan taken by the assesseefrom NOIDA?" Learned counsel for the appellant has brought to the notice of the Court the decision of Apex Court in the case of respondentauthority itself reported in 2018 (406) ITR 178 (SC) where theApex Court has come to the conclusion that the respondent-authority is not a local authority in view of the amendmentmade in the explanation to Section 10(20) of the Income TaxAct. In view of the Apex Court decision, the matter is remanded tothe Tribunal for a fresh decision. The other decision relied upon by the Department reported in Commissioner of Income Tax (TDS) and another Vs. Canara Bank, 2018(406) ITR 161 (SC) may also be looked into and decidedaccordingly. The appeal is accordingly disposed of. Order Date :- 18.1.2019Nitin Verma