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2022 (12) TMI 643

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..... equested to consider the deposit of taxes on dividends by the company but has also prayed for correction of the challan from challan No. 280 to challan No. 281. From the copy of the email dated 06/12/2022, filed by the learned DR, we find that the office of DCIT (OSD) TDS has escalated the issue to CPC TDS for either necessitating the required changes in the challan from the backend or enabling the system to allow the TDS AO to do the same from his login at TRACES AO Portal. Therefore, we deem it appropriate to direct the concerned authority to make every possible endeavour of carrying out the necessary correction in the challan within a period of 2 months from the date of receipt of this order and grant the relief to the assessee as .....

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..... aves leave to add, amend, alter, substitute, modify and/or withdraw any/all of the grounds of appeal on or before the time of hearing. 3. The only grievance of the assessee is against demand raised on account of short payment of TDS under section 195 of the Act due to error in depositing TDS under the wrong challan. 4. The brief facts of the case as emanating from the record are: During the year under consideration, the assessee has declared dividends to its shareholder who is a non-resident as per the provisions of the Act. Since vide Finance Act 2020, provisions in connection to Dividend Distribution Tax under section 115-O of the Act are not applicable on dividends declared, distributed or paid after 01/04/2020, the assessee dedu .....

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..... impugned order, the learned CIT(A) upheld the demand raised vide intimation issued under section 200A/206CB of the Act. The learned CIT(A) further noted that the assessee is required to file a challan correction application with the jurisdictional TDS AO as per the prescribed challan correction mechanism, who is required to do the needful as per the provisions. Being aggrieved, the assessee is in appeal before us. 6. During the hearing, the learned Authorised Representative brought to our notice a letter dated 12/08/2022 filed before DCIT TDS [OSD TDS Circle 2(3)] praying for correction of challan. In the said letter reference has also been made to an email dated 12/04/2021, to DCIT TDS praying for rectification of challan. 7. Pursuan .....

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..... sidered the submissions of both sides and perused the material available on record. It is the plea of the assessee that the demand raised vide intimation issued under section 200A/206CB is only due to the wrong challan filed by the assessee while depositing the tax deducted at source under section 195 of the Act in respect of payment of dividend to the non-resident shareholder. From the applications filed by the assessee, a copy of which has been brought on record, we find that the assessee has pursued this matter with the concerned authorities and not only requested to consider the deposit of taxes on dividends by the company but has also prayed for correction of the challan from challan No. 280 to challan No. 281. From the copy of the ema .....

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