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Income-Tax Officer (TDS) Versus M/s Broadcom Communication Technologies Pvt Ltd Formerly Known As M/s Broadcom India Research Pvt Ltd

2015 (10) TMI 2295 - ITAT BANGALORE

Delays in remittance of TDS amounts - delay on the part of the bank or the clearing house - Held that:- Remittance of TDS which were effected by the assessee either through e-gateways, or by cheques. These were admittedly done before the due dates. Such payments once made before the due date, it was beyond the control of assessee to ensure its transmission to the Government account within such due date. Assessee could never be faulted for delay on the part of the bank or the clearing house, what .....

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Revenue in both these appeals are similar and are reproduced hereunder: 1. The CIT (A) has erred in holding that the date of payment would relate to me date of presentation of cheque, if the cheque is honoured. 2. The CIT (A) has erred in placing reliance on the CBDT Circular No,261 dtd. 08.08.1979, 3. The CIT(A) has erred in not appreciating the fact that CBDT Circular No.261 dtd. 08.08.1979 was based on Rule 80 of the compilation of Treasury Rules and the said rules were replaced by Central G .....

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ay due to time taken in clearance of cheques or Government holidays or due to any reasonable cause cannot be considered, as held by the Hon. ITAT Agra Bench in the case of G M., MPRRDA, PIU vs. Income tax Officer (TDS), Gwalior in ITA No.371/Agra/2G11 [(53 SOT 268(Agra)] and in the case of Y. Ltd., (1996) 221 ITR 172 AAR. 02. Facts apropos are that assessee had deducted tax at source on various payments effected by it, which required such deduction under Chapter XVII of the Income-tax Act, 1961 .....

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As per the assessee, date of payment related back to the date of presentation of the cheque or its transfer by electronic mode. However, AO was not impressed. According to him, for government dues which are payable within a stipulated date, the person desiring to make the payment by means of cheque or bank draft should take suitable precaution to ensure these are received in Government account in good time. Relying on Central Government Account (Receipts and Payments) Rules, AO came to a conclus .....

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IT (A) is reproduced hereunder: 6. I have considered the written submission filed by the appellant and also gone through the orders passed by the Assessing Officer. In so far as the demand raised u/s 201(1) and 201(1A) in respect of default u/s 194C and 194J for AY 2009-10 is concerned the appellant has filed revised statement on 25.5.2011. The Assessing Officer is directed to consider the same and revise/rectity the demand. For AY 2010-11, the said demand did not arise, and the only demand subs .....

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date of TDS deduction and remittance to Central Govt. account, therefore as per OLTAS it is charged wherever there is a delay in remittance of TDS amount to Central Government account. Reference has also been made to Rule 30 of the IT Rules to state that sums deducted should be paid within one week from the last day of the month in which deduction is made, 8. Ld. AR on the other hand has filed copy of e-payment challan receipts relating to TDS deducted and payments made showing that the all such .....

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luded as payable in FY 2009-10 (AY 2010-11) for the purposes of Section 201(1 A). Ld. AR has also relied on the CBDT Circular No.261 dated 8.8.1979 which clarified that the date of payment would relate back to the date of presentation of cheque, if the cheque is honoured, stating that the said circular was referred in the appellant's submission dated 3.2.2011 before the Assessing Officer which has not been considered. 9. It would be relevant to re-produce the relevant extracts from the CBDT .....

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