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आदेश/Order
Per Annapurna Gupta, Accountant Member :
The present appeal has been preferred by the assessee against the order dated 16.05.2018 of the Commissioner of Income Tax (Appeals)-I Ludhiana [hereinafter referred to as CIT(A)] relating to 2014-15 assessment year.
The assessee has raised the following grounds of appeal:
That the Ld. CIT(A) has erred in law and on facts in concurring with the findings of the Ld. AO in levying the interest u/s 201(1A) by holding that the Appellant has made the payment to the individual beneficiary and there is a delay in making the payment by the Appellant to the respondent-department whereas as per the Appellant the said finding is erroneous and there is no delay in making the payment with the respondent-department, it is therefore prayed that the order levying interest may kindly be set-aside. 2. That the assessee prays for any consequential relief and/or legal claim arising out of this appeal before the disposal of the same. 3. That the assessee prays for any addition, deletion, amendment and modification in the grounds of appeal before the disposal of the same in the interest of substantial justice to the assessee.
ITA-1007/CHD/2018 A.Y. 2014-15 Page 2 of 3
The brief facts of the case are that the assessee is the
Land Acquisition Collector-cum-SDM, Patiala. A survey under
Section 133A of the Act was conducted at the office premises
of the assessee on 10.01.2014 and assessee was found liable
for payment of interest of Rs. 3,73,860/-under the provisions
of Section 201(1A), calculated @ one and half percent for every
month or part of a month on the amount of tax deducted and
delayed deposit of the same beyond the prescribed time on
23.01.2014. The AO declared the assessee in default u/s
201(1) of the Income Tax Act for not depositing the TDS into
Central Government account within time as per provisions of
Chapter XVIIB of the Act and demand of interest amounting to
Rs. 3,73,860/- was raised.
The CIT(A) considering the facts and circumstances,
confirmed the order of the AO against which the assessee is in
appeal before us.
We have heard the rival submissions and perused the
material on record. Both the parties state that the issue is
squarely covered in favour of the assessee by the order of this
Tribunal in the case of the assessee itself in ITA No.
1516/CHD/2017 dated 13.04.2018 in revenue’s appeal. The
relevant findings of the Tribunal in the aforementioned appeal
are as under :
We observe that, the action of the PR is quite clear from the conduct of depositing the TDS after release from the Hon'ble Court on 09/01/2014 to the treasury and deposited the same on 23/01/2014 immediately after the receipt of funds. The letter of PUDA to deduct TDS has no application in the light of the fact that the matter was sub-judice in the court. Mere fact that the PR has deposited TDS in its TAN will not make him responsible because he had done it in order to comply with the directions of the court. The provisions of Sec. 194A of the Act ore quite clear and unambiguous in this regard. The law is clear that only the person who is responsible for making the payment is required to make TDS at the time of its credit to the account of such person or at the time of making payment. In the facts and
ITA-1007/CHD/2018 A.Y. 2014-15 Page 3 of 3
circumstances of the case the PR cannot be held responsible for non deduction of the TDS as no payment has been made to the beneficiaries by the PR till the final order of the Court. And since there was no delay in payment of TDS to the Central Government Account by the PR after release of the amount, we hereby hold that no violation of TDS provisions are attracted with relation to the PR. 9. In the result, the appeal of the Revenue is dismissed.” 6. Considering facts and circumstances, we find that the
issue is squarely covered by the decision of the Tribunal in
ITA No. 1516/CHD/2017 dated 13.04.2018. Therefore,
following the same, the appeal of the assessee stands allowed.
Order pronounced in the Open Court on
19th February, 2019.
Sd/- Sd/- ( संजय गग� ) (अ�नपूणा� गु�ता ) (SANJAY GARG) (ANNAPURNA GUPTA ) लेखा सद�य/ Accountant Member �याय�क सद�य/ Judicial Member ‘Poonam’ आदेश क� ��त�ल�प अ�े�षत/ Copy of the order forwarded to : अपीलाथ�/ The Appellant 1. ��यथ�/ The Respondent 2. आयकर आयु�त/ CIT 3. आयकर आयु�त (अपील)/ The CIT(A) 4. �वभागीय ��त�न�ध, आयकर अपील�य आ�धकरण, च�डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड� फाईल/ Guard File 6.
आदेशानुसार/ By order सहायक पंजीकार/ Assistant Registrar