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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.
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.
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.
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