TMI Blog2016 (1) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... computed from the date of presentation of the cheque of tax payment. We direct the Assessing Officer to compute the interest u/s 234C of the Act, accordingly - Decided in favour of assessee. - ITA No. 812/JP/2013 - - - Dated:- 30-11-2015 - For the Appellant : Shri Praveen Saraswat, CA For the Respondent :Shri Raj Mehra, JCIT-. DR ORDER Per: R P Tolani: The assessee has filed an appeal against the order of the ld. CIT(A)III, Jaipur dated 10-09-2013 for the assessment year 2008-09 raising therein sole ground as under:-. 1. The ld. CIT(A) has wrongly confirmed the findings of AO for charging OF interest u/s 201(1)/ 201(1A) of the I T Act, of ₹ 2,37,930/- for alleged to be late depositing the TDS . 2.1 Ld. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the cheque No. 725829 amounting to ₹ 79,31,000/- favouring ITO was debited in the account of assessee on 31-05-2008. It was accordingly contended that the assessee has deposited collected TDS in time but the collecting bank affixed the seal in challan of dated 2-06-2008 because 01-06-2008 was Sunday and that the payment was made in stipulated time. It was accordingly claimed that there was no delay in deposit of the TDS and interest u/s 201(1A) has wrongly been charged. The assessee also placed reliance on the following case laws:- (i) K. Saraswatty vs. PSS Somasunderam Chettial (1989) 4SCC 527 (ii) CIT vs. Kumudam Publications (P) Ltd. (1981) 128 ITR 617 (iii) Sahara Airlines Ltd. vs. Commissioner of Customs (Appeals) 110 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th colour bands are being progressively used to replace the existing ones. The new challans for the payment of self-assessment tax have already been introduced from April 1, 1979 and it will be noticed therefrom that the counterfoils of the challans meant both for the Income-tax Officer and the taxpayer contain separate columns for recording the date of tender of the cheque and date of its realisation. The other challan forms which are being introduced shortly, also contain similar columns. 3. In view of the foregoing, it is hoped that there will be no difficulty in recording, on the challan, the date of tender of the cheque/draft by the branch of the authorised public sector bank where it is tendered for payment of any of the direct tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Ground No. 4 is allowed, the Ground Nos. 2 and 3 are rendered merely academic in nature and hence do not require adjudication at this point. 15. In the result, the appeal of the assessee is allowed. 2.5 Ld. DR supported the order of lower authorities. 2.6 I have considered the rival contentions and perused the material available on record. It emerges from the record that assessee presented the requisite challan and cheque in favour of I T Department with SBBJ on 31-5-2008. Assessee has control over presentation of cheque and not on the subsequent internal procedure of banks. The CBDT circular mentioned above which is binding on the lower IT Authorities is clearly applicable to assessee case. Beside the coordinate Delhi ITAT jud ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
