PIRAMAL CORPORATE SERVICES LTD,MUMBAI vs. ACIT (TDS) CIR 2(1), MUMBAI

आदेश / O R D E R

Per Shailendra K. Yadav, JM

1. The learned CIT erred in dismissing the appeal and accordingly erred in holding that the appellant has abandoned its appeal.

2. The learned CIT in passing the order erred in holding that the appellant has failed to furnish revised e-TDS return, correction statement, rectification applications before AO.

3. It was observed that net defaults noticed after the expiry of stipulated period of filing the correction statements where as per the justification report which formed Annexure A of his order under section 201(1)/201(1A) of the Act dated 14.03.2011. However, no such justification report enclosed with the order. The AO declared the assessee as an “assessee in default” in respect of the amount specified as under: - S.No. Description Amount (`) Interest (`) 1 Total amount of short 4,590 1,750 deduction/collection (as per Annexure of order) 2 Total amount deducted but not 9,01,470 3,36,900 paid (-do-) 3 Total interest on late payment 1.070 (-do-) 4 Total 9,06,060 3,39,720 5 Grand total (Total amount + Total Interest) = `12,45,780/-

4. The matter was carried before the Appellate Authority wherein it was observed that the assessee has abandoned its appeal before him. The CIT(A) observed that the assessee has produced no material in support of his grounds. So he dismissed the appeal. However, assessee was granted liberty and leave to file a rectification application under section 154 of the Act before the concerned AO or to furnish a correction statement on the disputed issue of short deduction/collection of taxes of `4,590/-. In this case, because of non cooperation of the assessee the CIT(A) restored the matter to AO with liberty to assessee to file rectification application under section 154 before him or to furnish correction statement on disputed issue of short deduction/collection of taxes of `4,590/-, whereby he has provided space to assessee for its legal remedy. This reasoned factual legal finding of CIT(A) needs no interference from our side.

आदेश क� �ितिलिप अ�ेिषत/Copy of the Order forwarded to :