9911796707
TMI Blog2024 (12) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... ompliance of provisions of Section 194C of the Income-tax Act,1961.. 2. The grounds of appeal raised by the assessee in Memo of Appeal filed with Income Tax Appellate Tribunal, Agra Bench, Agra, reads as under: "1. That the learned Commissioner of Income Tax(NFAC) has erred in law and on facts in sustaining the assessment order passed by the Ld. AO under Section 201(1) and 201(1A) of the IT Act, 1961. 2. That the learned Authorities has erred in law and on facts in treating the appellant as "assessee in default' for non-deduction of TDS on the payment made on account of subcontracting and raising a demand of Rs. 4,99,030. 3. That the learned Authorities has erred in law and on facts in passing the order without considering that the d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee as assessee-in-default u/s. 201(1) and 201(1A) of the Act for non-deduction of TDS on the sub-contract payments, detailed as under : Sl. No. Particulars Amount of expenditure Applicable section& TDS rate Short Charge u/s. 201(1) Interest u/s. 201(1A) @ 1% per month from April 2016 to Feb 2020 (Total 47 months) Total Default u/s. 201(1) & 201(1A) 1 Subcontract Rs.1,69,73,793 194C @ 2% Rs.3,39,476/- Rs.1,59,554/- Rs.4,99,030/- 3.2 Thus, the AO treated assessee as assessee-in-default u/s 201(1) and 201(1A) of the Income-tax Act,1961 Act, and the assessee was directed to pay demand of Rs. 4,99,030/-. Notice of demand was issued by the Assessing Officer to the assessee. 4. Aggrieved, Assessee filed first appeal with ld. CIT(Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TDS of Rs. 3,39,476/- and interest amount of Rs. 15,276/-, totalling to Rs. 3,54,752/-, for which challan and Form No. 27A are enclosed (PB/Page 2 & 3). Assessee has also produced on record Form. No. 16A issued by the assessee in favour of PNC Infratech Limited (PAN AACCP0377Q) as downloaded from Traces for the fourth quarter of financial year 2016- 17 (assessment year 2017-18) (Certificate No. DNYYWOO), wherein said TDS amount of Rs. 3,39,476/- is found credited to the credit of PNC Infratech Ltd. for deduction of tax at source u/s. 194C on amount paid/credited of Rs. 1,69,73,793/- by the assessee in favour of PNC Infratech Limited. The said Form No. 16A is placed at page 4/paper book. Thus, it was prayed that the appeal of the assessee b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no compliance. The appeal of the assessee was dismissed by ld. CIT(A) for want of submissions of evidences to substantiate deposits of the TDS.: 6.3 While dismissing the appeal of the assessee, the learned CIT(A) has recorded in his appellate order grounds of appeal raised by the assessee, wherein, inter-alia, ground no 2 reads as under: "1.**** 2. That the learned A.O. has erred in law and on facts in passing the order u/s 201(1)/201(1A) of the Income Tax Act without considering that the due TDS was duly deducted and deposited within stipulated time. 3....... 4....... 5......." 6.4 The learned CIT(A) has also recorded at para 5 of his appellate order, which reads as under: 5............. During the appellate proceedings, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urce(TDS) u/s 194C along with interest, on 19.05.2017 vide challan Identification No. 02029761905201740772 with challan Sl. No. 40772 with Bank of Baroda, Sanjay Place, Agra(BSR Code 0202976)(Paper Book at page no. 3). The assessee has also filed evidence by way of copy of TDS return in Form No. 26Q for 4 quarter(01.01.2017 to 31.03.2017) of the financial year 2016-17 (AY 2017-18) filled on 25.05.2017 with the department ( File Hash 9925446 / No. 17052518002809925446) and Form No. 27A (Paper book at page 2). The assessee has also filed copy of challan of payment of TDS of Rs. 3,39,476/- and interest amount of Rs. 15,276/-, totalling to Rs. 3,54,752/-, for which challan and Form No. 27A are enclosed PB/Page 2 & 3). Assessee has also produced ..... X X X X Extracts X X X X X X X X Extracts X X X X
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