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2016 (1) TMI 498 - AT - Income TaxMistake in TDS deducted - assessee filled correction statement with NSDL - order passed u/s 201(1)/201(1A) of the Act raising a demand - Held that:- Original TDS return has been filed showing TDS deducted at ₹ 7,01,986/- and TDS return filed on 2.2.2008 and later on assessee realized after going through its books of account that the correct figure of TDS deducted for quarter 3rd for Asst. Year 200809 was ₹ 5,79,983/- and not ₹ 7,01,986/-. But in due course of time assessment order u/s 201(1)/201(1A) of the Act was framed by ACIT-TDS wherein assessee had shown to have deducted TDS of ₹ 7,01,986/- and TDS deposited is shown at ₹ 5,79,983/- and accordingly assessee has been treated as assessee in default for low tax deposit of ₹ 1,30,180/- and coupled with interest of ₹ 83,250/- demand of ₹ 2,14,330/- has been raised. The ld. AR of the assessee submitted that the assessee has actually deducted ₹ 5,79,983/- and has deposited the same and has also revised the TDS return by filing correction statement with NSDL and accepted by NSDL. We are, therefore, of the view that with reference to the provisions of the Act duly supported by the Centralized Processing of statement of TDS Scheme 2013 referred above, the assessee is entitled to revise the TDS return and once this TDS return has been accepted by NSDL then the correct amount of TDS by the assessee for quarter 3rd will stand at ₹ 5,79,983/- and to verify this fact, we set aside the matter to the file of Assessing Officer with the instruction to give proper opportunity to the assessee who will appear before the Assessing Officer with proof of revised return filed for quarter 3rd along with necessary details to the satisfaction of Assessing Officer and if the same are found correct then the contention of the assessee to be accepted by taking TDS deducted for quarter 3rd at ₹ 5,79,983/- in place of ₹ 7,01,986/-. - Decided in favour of assessee for statistical purpose.
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