ADITYA BILA MONEY MART LTD,MUMBAI vs. DCIT (TDS) 1(1), MUMBAI

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ITA 3584/MUM/2014Status: DisposedITAT Mumbai28 June 2016AY 2009-103 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee filed an application stating that the AO rectified the order due to data entry errors in the TDS statement, reducing the demand. The department did not object, and the tribunal agreed that the appeal had become infructuous.

What were the facts?

The assessee appealed against the CIT(A)'s order confirming the AO's action of holding the assessee in default for TDS and charging interest. The issue pertained to professional receipts based on Form 26AS.

What were the issues?

Whether the assessee was in default for TDS and liable for interest. Whether the appeal had become infructuous due to rectification of TDS statements.

Which sections of the Income-tax Act were involved?

Section 201(1),Section 201(1A),Section 203AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH: MUMBAI

Before: Hon’ble Sri Mahavir Singh, JM & Hon’ble Sri Ramit Kochar, AM

This appeal of assessee is arising out of order of CIT(A) in Appeal No. CIT(A)-14/TDS Rg(1)/IT-467/2011-12 dated 21-02-2014. TDS Assessment was framed by DCIT(TDS),1(1), Mumbai for the assessment year 2009-10 u/s 201(1) and consequent interest was charged u/s 201(1A) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 12-03-2011.

2.

The only issue in this appeal of assessee is against the order of the CIT(A) confirming the action of the AO in holding the assessee in default under the provisions of TDS u/s. 201(1) and consequent interest u/s. 201(1A) of the Act in respect of income by way of professional receipts on the basis of Form 26AS being Annual Tax Statement issued u/s. 203AA of the Act.

3.

At the outset, the ld. counsel for the assessee filed an application stating that the AO has rectified the order on filing of correctional statement to rectify the data entry errors in the TDS statement. Relevant portion of which reads as under:- “Now on query raised in the system (TRACES) for consolidated demand, it has resulted that the demand has reduce to Rs.10/- (copy enclosed) for F.Y 2008-09, Form No.24Q -4th Quarter for the financial year under TAN: MUMB07995B. This indicates that the assessee had thereafter

1 M/s. Aditya Birla Money Mart Ltd-A-JM filed correction statements on TRACES to rectify data entry errors and the same have been rectified.”

In view of the above, the ld. counsel for the assessee stated that this appeal has become infructuous. On query from the bench, the ld.Sr.DR appearing on behalf of the department has not objected to the same. Accordingly, the appeal filed by the assessee is liable to be dismissed being infructuous.

4.

In the result, the appeal of the assessee is dismissed being infructuous. Order pronounced in the open court on 28 .06.2016

Sd/- Sd/- RAMIT KOCHAR MAHAVIR SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER Dated :28-06-2016 *PP /Sr.P.S.

2 M/s. Aditya Birla Money Mart Ltd-A-JM

Copy of the order forwarded to:

1. 1. Appellant/Assessee: M/s. Aditya Birla Money Mart Ltd, One Indiabulls Center, Tower 1, 14th Floor, 841, Jupitor Mill Compound, S,B Marg, Elphinstone Road, Mumbai 400013. Respondent : The DCIT(TDS)-1(1), Room No. 803, 8th Floor, Smt. KG 2 Mittal hospital, Charni Road, Mumbai.

3. The CIT, 4. The CIT(A), Mumbai 5. DR, Mumbai Benches, Mumbai True Copy, By order, / Asstt. Registrar

3 M/s. Aditya Birla Money Mart Ltd-A-JM

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