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Asstt. Commissioner of Income Tax, Circle 14 (1) Hyderabad Versus M/s BA Continuum India Private Limited

2015 (10) TMI 1505 - ITAT HYDERABAD

Short payment of TDS and/or late payment of TDS - Held that:- At the time of hearing of the Departmental's appeal before us learned counsel for the assessee Shri Tapan Gupta stated that the company had filed the revised eTDS return in Form 24Q Q1 of the financial year 2007-08 for rectifying the mistakes/ errors in its original eTDS return. It was brought to our notice that post filing of said revised eTDS return, the tax demand payable by the company has become nil and there is no further tax pa .....

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- Dated:- 15-5-2015 - Shri P.M. Jagtap & Smt.Asha Vijayaraghavan, JJ. For the Appellant : Shri Ramakrishna Bandi, DR For the Respondent : Shri Tapan Gupta ORDER Smt. Asha Vijayaraghavan (Judicial Member).- These are the Revenue's appeals against the common order of the Commissioner of Income-tax (Appeals), Vijayawada, dated November 27, 2013 passed for the assessment year 2008-09. Since common issues are involved in these two appeals, these were heard together and are being disposed of b .....

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Income-tax Act, 1961, on February 13, 2012 raising demands of ₹ 1,09,79,673 and ₹ 91,05,577 for the first and second quarters respectively. 3. Aggrieved by these orders, the assessee has filed the appeals for both quarters with the following grounds of appeal before the Commissioner of Income-tax (Appeals) : "(1) That on the facts and in the circumstances of the case, the order dated February 13, 2012 passed by the learned Assessing Officer under section 201(1)/201(1A) of the In .....

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d/or late payment of TDS, as appearing in the TDS processing statement is only on account of certain mismatches and/or errors in filing of eTDS return and there is no actual short payment of TDS and/or late payment of TDS. (c) Erred in not considering the tax payment information (i.e. the details of tax paid as per OLTAS, etc.,) available with him and concluded that the appellant is an assessee-in-default, on account of short payment of TDS and/or late payment of TDS, despite the fact that the a .....

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the Act for the financial year beginning on or before April 1, 2007 is required to be passed by March 31, 2011. The said proviso to section 201(3) is reproduced below : "'Provided that such order for a financial year commencing on or before the 1st day of April, 2007 may be passed at any time on or before 31st day of March, 2011.' Since the abovementioned order relates to the financial year 2007- 08, the time barring date for passing the said order was March 31, 2011. As the abovem .....

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s of the financial year 2007-08 on February 13, 2012. But, as per the proviso to section 201(3) of the Act, these orders should have been passed on or before March 31, 2011. As the orders passed by the Assessing Officer are barred by limitation, they are held to be bad in law and are annulled." 6. Aggrieved, the Department is in appeal before us raising the following grounds of appeal : "1. The hon'ble Commissioner of Income-tax (Appeals) has erred both on facts and circumstances o .....

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tember 6, 2011 and as per the amended provisions, no order shall be passed after the expiry of two years from the end of the financial year in which the said statement is filed. 4. Any other ground arisen during the course of proceedings with the permission of the hon'ble Bench." 7. The learned Departmental representative pointed out that the alternate ground raised by the assessee has not been considered by the Commissioner of Income-tax (Appeals). We find that the learned authorised r .....

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