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2015 (10) TMI 2439 - ITAT JAIPUR

2015 (10) TMI 2439 - ITAT JAIPUR - TMI - Mistake by mentioning wrong section in TDS challan - Held that:- In its grounds of appeal, department submitted that the assessee should have filed a correction statement to rectify the wrong section which has been quoted in the challan and in absence of that the credit has not been given to the assessee. It seems to us that once the challan is deposited with the bank, it would not be possible for assessee to retrieve the same and make any correction. How .....

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T R Meena, AM For the Appellant : Smt Neena Jeph (JCIT) For the Respondent : None ORDER Per Shri R P Tolani, JM This is an appeal filed by the Revenue against the order of ld. CIT (A), Alwar dated 28.03.2013 for the A.Y. 2008-09. The ground raised in the appeal is as under :- " The ld. CIT (A) has erred in not directing the defaulter assessee for filing correction statement in respect of filing of wrong section in TDS challan, due to which the demand is still outstanding in the system and .....

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n on the basis of entries and on the basis of bank challans, the AO observed that the assessee has committed defaults by non-payment of TDS amount deducted and also mentioning wrong section in the challan. Accordingly a show cause notice under section 201(1A) of the IT Act was issued to the assessee to file 'correction statement' to rectify data entry errors within 15 days of receipt of the show cause notice. After the expiry of stipulated period of filing the 'correction statements& .....

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. Before ld. CIT (A), the ld. Counsel for the assessee submitted that the assessee has filed the 'correction statements' and thereby the demand on account of TDS deducted but not deposited has been reduced to ₹ 20,06,550/-. The assessee has deposited this amount as per the following table :- S.No TAN No. Challan Tender Date Ser.Num. Received date TDS/TCS Deducted TDS/TCS Deposited 1 JPRLO 1393A 19/04/2007 5 26/04/2007 6000 6000 2 JPRLO 1393A 06/06/2007 29 08/06/2007 995550 995550 3 .....

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ely. However, in respect of challan dated 05/05/2007 for ₹ 4,24,700/-, it was inadvertently deposited in wrong TAN i.e. JPRLO 1393G. It was further submitted that in respect of challan dated 10.07.2007 for ₹ 5,02,000/-, the same was deposited under wrong section instead of section 192B. Therefore, it was requested that the AO be directed to make required corrections and provide credit in the correct TAN and drop the demand against the assessee. Regarding filing of correction statemen .....

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