TaxTMI 
TaxTMI 
2016 (1) TMI 498
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....1. That on facts and in law, the learned CIT(A) has grievously erred in confirming the order passed u/s 201(1)/201(1A) of the Act raising a demand of Rs. 2,14,330/-. 2. That on facts and in law, it ought to have been held that the appellant has paid the actual amount of TDS of Rs. 5,79,983/- and the revised corrected statement filed is also accepted by NSDL. 2. Briefly stated the assessee company possesses TAN AHMA04316E and is regularly filing its TDS return. This appeal is related to the order u/s 201(1)/201(1A) passed by the Assessing Officer after assessing the TDS return of quarter 3rd relevant to F.Y. 2007-08 i.e. Asst. Year 2008-09 and thereby raising demand of Rs. 2,14,330/- which includes demand of interest of Rs. 83,25....
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....gly filed correction statement with NSDL which is reported by ld. AR to have been accepted. Assessing Officer passed an order u/s 201(1)/201(1A) by processing the original return filed on 2.2.2008 and in this order there is no mention of the correction statement filed by the assessee. 8. TDS returns are required to be filed under the provisions of section 200 of the Act. These TDS returns were being previously filed manually and thereafter Income-tax Department outsourced the filing and processing work of such TDS returns through various agencies who are authorized by Director General (I.T. System) to receive the statement of TDS or correction statement of TDS which in this case is NSDL. Further CBDT vide its Notification no.3/2013 (F.14....
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....t source, if any, furnished by the deductor before the date of processing. (2) The Commissioner may- (a) adopt appropriate procedure for processing of the statement of tax deducted at source; or (b) decide the order of priority for processing of the statement of tax deducted at source based on administrative requirements. Rectification of mistake 6. (1) An Income-tax authority of the Cell may, with a view to rectifying any mistake apparent from the record under section 154 of the Act, on its own motion or on receiving an application from the deductor, amend any order or intimation passed or sent by it under the Act. (2) An application for rectification shall be furnished in the form and ....
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....n to have deducted TDS of Rs. 7,01,986/- and TDS deposited is shown at Rs. 5,79,983/- and accordingly assessee has been treated as assessee in default for low tax deposit of Rs. 1,30,180/- and coupled with interest of Rs. 83,250/- demand of Rs. 2,14,330/- has been raised. The ld. AR of the assessee submitted that the assessee has actually deducted Rs. 5,79,983/- and has deposited the same and has also revised the TDS return by filing correction statement with NSDL and accepted by NSDL. 11. We are, therefore, of the view that with reference to the provisions of the Act duly supported by the Centralized Processing of statement of TDS Scheme 2013 referred above, the assessee is entitled to revise the TDS return and once this TDS return has ....