TMI Blog2019 (4) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... e year under consideration, either directly or in the form of withholding tax, which stands deposited with government Treasury as per law - allowed for statistical purposes - ITA No. 3279/Del/2015 - - - Dated:- 1-2-2019 - Smt. Beena A Pillai, Judicial Member And Shri Prashant Maharishi, Accountant Member For the Appellant : Sh. Puneet Sakhuja, CA Sh. Rajeev Ahuja, CA For the Respondent : Ms. Naina Soin Kapil, Sr. DR ORDER PER BEENA A PILLAI, JUDICIAL MEMBER Present appeal has been filed by assessee against order dated 17/03/15 passed by Ld. CIT (A)-41, New Delhi on following grounds of appeal: 1. That under the facts and circumstances of the case and in law, both the lower authorities have erred in sustai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case, Ld.AO initiated proceedings under section 201 (1)/201 (1A) for year under consideration and computed penalty at ₹ 1,22,34,885/-. 3. Aggrieved by order of Ld.AO, assessee preferred appeal before Ld.CIT (A). Assessee filed additional evidence under Rule 46A on which remand was called for from Ld.AO. In remand report Ld.AO observed that, due to non-submission of details/evidences by assessee, it was concluded that assessee has not discharged its obligation of deducting tax at source. 4. Ld.CIT (A) upon going through various documents submitted by assessee, observed that assessee cannot be treated as assessee in default under section 201(1) of the Act to the extent of payment of ₹ 1,85,97,104/-. Ld.CIT (A) restri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records placed before us. 9. Ld.AR placed reliance upon decision of Hon ble Delhi High Court in CIT vs Trance Bharat Aviation Pvt.Ltd., reported in 320 ITR 671I and submitted that RIETS being Government undertaking, taxes may be presumed to have been paid by due date of filing of return of income, and therefore liability of assessee to pay interest on amount which was to be deducted as TDS ends with due date of filing of return by RIETS. At the outset, Ld. AR submitted that assessee was not given sufficient time to furnish relevant records/information before the Ld. AO prior to passing of the order dated 28/03/13 as case was going to be time-barred on 31/03/13. 10. As held by Hon'ble Supreme Court in the case of Hindustan Coca Col ..... X X X X Extracts X X X X X X X X Extracts X X X X
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