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TMI Blog2020 (2) TMI 454X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals, hence they were heard together and are being disposed off by this consolidated order. 3. Identical grounds have been raised in these appeals. The issues primarily raised in the grounds are: i) Orders passed u/s. 201 and 201(1A) of the I.T. Act are barred by limitation. ii) No payment was made by the assessee but it was only a book adjustment, therefore, the assessee was not liable to deduct tax on such book adjustment nor assessee had deducted tax at source. 4. The Ld. AR conceded that since the assessee-company was defunct, he was not in a position to get necessary material to prove that there was no payment made and TDS is only book adjustment. The learned AR also did not raise any arguments regarding the issue that orders p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llows: Tax deductible : Opening balance as on 01-04-2013 Rs. 3,75,828 Tax deductible during the FY 2003-04 Rs. 3,29,123 Rs. 7,04,951 Tax deducted paid to the govt. account Rs. 1,74,221 Balance TDS not paid as on 31.03.2004 Rs. 5,30,730 Interest u/s. 201(1A) calculated upto 31.03.2004 Rs. 63,688 5.1 On further appeal, the calculation made by the Assessing Officer u/s. 201(1A) of the I.T. Act was confirmed by the CIT(A). 5.2 The assessee being aggrieved by the order of the CIT(A) has filed this appeal before the Tribunal. The Ld. AR submitted that TDS liable to be paid for the relevant assessment year, i.e., 2004-05 was Rs. 3,29,123/- and the assessee had paid a sum of Rs. 1,74,221/- out of Rs. 3,29,123/-. Therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terest u/s. 201(1A) since it is to be calculated from the date on which tax is to be deducted and being mandatory, the Assessing Officer has correctly calculated interest u/s. 201(1A) of the I.T. Act for the amount of TDS outstanding as on 31-03-2004., It is ordered accordingly. Thus, the appeal of the assessee for the assessment year 2004-05 is dismissed. ITA No.615/Coch/2019: (AY 2005-06) 6. The Assessing Officer passed order dated 4.2.2013 u/s. 201(1) and 201(1A) of the I.T. Act. The Assessing Officer observed that as per TDS details, the assessee company had not remitted TDS amounting to Rs. 1,50,529/- to Government account as on 31.03.2005. It was observed by the Assessing Officer that tax deducted from the payment made during the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... determined at Rs. 1,50,529/- and interest u/s. 201(1A) of the I.T. Act was calculated up to the date of the order, i.e., 04.02.2013 amounting to Rs. 1,43,002/-. The payment made subsequent to the date of order, i.e., 04.02.2013 gets adjusted to the amount determined in the order dated 04.02.2013. The assessee has taken the plea that payments have been made on 13/03/2013 for the full amount of Rs. 1,50,529/- which is TDS outstanding as on 31/03/2005. The amount paid gets automatically adjusted to the amount determined as per the order passed u/s. 201(1) and 201(1A) of the I.T. Act. Therefore, there is no requirement of remitting the case of the file of the Assessing Officer. It is ordered accordingly. Hence, the appeal of the assessee for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,430/- instead of Rs. 13,019/- calculated by the AO. The Ld. AR has produced a copy of rectified order for the AY 2006-07 (order dated 14/03/2013) as per which the computation of tax payable u/s. 201(1) and interest u/s. 201(1A) is as follows: Tax deducted during the FY 2004-05 Rs. 22,414 Less: Tax deducted paid to the govt. account Rs. 19,993 Balance TDS not paid as on 31/03/2005 Rs. 2,421 Interest u/s. 201(1A) calculated upto 04.02.2013 (Annexure-1) Rs. 2,009 Total payable Rs. 4,430 7.3 The Ld. DR was duly heard. 7.4 I have heard the rival submissions and perused the record. The Department itself has reduced the liability u/s. 201(1) & 201(1A) of the I.T. Act to Rs. 4,430/- for the AY 2006-07 from Rs. 13,019/- originally ..... X X X X Extracts X X X X X X X X Extracts X X X X
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