THE GREAT EASTERN SHIPPING CO. LTD ,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, TDS, CIRCLE 2(3), MUMBAI

ITA 2774/MUM/2024Status: DisposedITAT Mumbai27 November 2024AY 2015-16Bench: SHRI SANDEEP GOSAIN (Judicial Member), MS. PADMAVATHY S (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. It held that interest under Section 201(1A) is not leviable if the TDS shortfall is rectified within the financial year as per Section 192(3). It also held that interest under Section 220(2) is not applicable as no demand notice was issued.

What were the facts?

The assessee challenged the levy of interest under Section 201(1A) and 220(2) of the Income Tax Act for late TDS deduction on salaries of floating staff and for non-payment of demand. The delay in filing the appeal was due to the CIT(A)'s order being found in the spam folder.

What were the issues?

Whether interest under Section 201(1A) is leviable for late TDS deduction on salaries when the deficit is made good within the financial year, and whether interest under Section 220(2) is applicable without a demand notice.

Which sections of the Income-tax Act were involved?

Section 192,Section 201(1A),Section 220(2),Section 250

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Income Tax Appellate Tribunal, “G” BENCH MUMBAI

Before: SHRI SANDEEP GOSAIN & MS. PADMAVATHY S

For Appellant: Shri Jeet Kumar, Adv, Shri Yasmin Dastur
Hearing: 13.11.2024Pronounced: 27.11.2024

PER BENCH: The present appeals have been filed by the assessee challenging the common impugned order 27.06.2024, passed u/s 250 of the Income Tax Act, 1961 (‘the Act’), by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (‘Ld. CIT(A)’), for the A.Ys 2012-13 to 2019-20. The Great Eastern Shipping Co. Ltd, Mumbai

2.

Since all the issues involved in these eight appeals are common and identical, therefore, they have been clubbed, heard together and consolidated order is being

The order continues below.

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