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2016 (8) TMI 773 - ITAT MUMBAI

2016 (8) TMI 773 - ITAT MUMBAI - TMI - Non-deduction/payment of TDS u/s 194C, 194J and 194I - levy of interest u/s 201(1A) against the assessee from April 2005 to March 2011 i.e. till the date of the order dated 31.3.2011 passed by the AO u/s 201(1) and 201(1A) - Held that:- The provisions of Section 201(1A) of the Act are very clear that interest can only be charged till the date on which such tax was actually paid by the assessee. We are of considered view that interest being compensatory in n .....

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e date of framing of the order on 31-03-2011 by the AO u/s 201(1) and 201(1A) of the Act. We order accordingly. - I.T.A. No. 3653/Mum/2014 - Dated:- 17-8-2016 - Shri Mahavir Singh, Judicial Member And Shri Ramit Kochar, Accountant Member Assessee by Shri Paras S. Savla and Sh Pratic Poddar Revenue by : Shri Naveen Gupta ORDER Per Ramit Kochar, Accountant Member This appeal, filed by the assessee company, being ITA No. 3653/Mum/2014, is directed against appellate order dated 17th February, 2014 p .....

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ai (hereinafter called the Tribunal ) reads as under:- 1. On facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax Appeals, Mumbai ( CIT(A)-13 ) has erred in confirming interest of ₹ 9,65,226 levied by the Assessing Officer ( AO ) under section 201(1A) of the Act in respect of provision of expenses. 2. Without prejudice, on the facts and in the circumstances of the case and in law, the learned CIT(A) erred in confirming interest computed under Sectio .....

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u/s 201(1) and 201(1A) of the Act were issued to the assessee calling for details which were submitted by the assessee. The AO observed from the Tax Audit Report that ₹ 7,06,97,110/- was disallowed u/s 40(a) for non-deduction and payment of tax deducted at source u/s. 194C, 194J and 194I of the Act. The assessee also provided details of TDS deducted and paid on the aforesaid amount in subsequent years, from which the AO observed that the assessee only paid TDS on gross amount of expenses .....

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t. 4. Aggrieved by the orders dated 31.03.2011 passed by the AO 31.03.2011 u/s 201(1) and 201(1A) of the Act, the assessee preferred appeal before the learned CIT(A) who after considering the fact that the assessee has duly made payments of TDS on the said amount of ₹ 2,33,64,308/- in subsequent assessment year 2007-08 held that the assessee cannot be held liable u/s. 201(1) of the Act , and the learned CIT(A) ordered deletion of demand of ₹ 12,61,734/- raised against the assessee u/ .....

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4 passed by the learned CIT(A), the assessee has filed second appeal with the Tribunal. 6. The learned counsel for the assessee at the outset submitted that interest u/s 201(1A) of the Act is charged by the Revenue from the beginning of assessment year i.e. starting from April 2005 till the finalization of the order u/s 201/201(1A) of the Act on 31-03-2011 while the interest should have been charged by the authorities below till the date of actual payment of TDS by the assessee to the credit of .....

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st till the date of actual payment of TDS by the assessee to the credit of Central Government. The learned DR submitted that matter may be set aside to the file of AO for verification of the afore-stated claim of the assessee . 7. We have considered the rival contentions and perused the material on records including the case laws relied upon. We have observed that the assessee was held as assessee in-default u/s 201(1) /201(1A) of the Act for non-deduction/payment of TDS amount of ₹ 12,61, .....

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