TaxTMI 
TaxTMI 
2017 (4) TMI 723
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....acts and in the circumstances of the case as well as in law, the ld C(T(A) has erred in agreeing to the contention of the assessee that the interest should have been charged only till the date of payment of tax and not till the date on which the deductee(S) filed their return of income." 03. The assessee in Co no 90/ Del/ 2015 has raised the following grounds of appeal in cross object:- "1. The ld CIT(A) erred in fact and in law in confirming the addition the addition of interest charged which is not only bad in law but also against the facts and circumstances of the case because deductees had already filed their returns and paid their tax liability where even applicable. 2. That inspite of Direction given by CIT(A) to accept the c....
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....es of these parties for past defaults. According to that circular it was imperative for the assessee to explain and show that hospital saved discharged the tax obligation before filing of the returned and have included receipts in there accounts. In the present case the assessee was solved with a demand of Rs. 2 938 4955/- on the appellant wide order dated 30 08/03/2012 under section 201 (1)/201 (1A) of the income tax act. The assessee preferred appeal before the Ld. CIT appeal who in turn directed the assessee to file all the certificates available with it before the Ld. assessing officer and on such examination the amount of tax raised under section 201 (1) may be modified accordingly. With respect to the chargeability of interest under s....
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....7. Therefore respectfully following the decision of the coordinate bench in the appeal of the revenue, we hold that interest under section 201 (1A) can be charged from deductor for failure to deduct tax from the date of default till the date of actual tax paid by the deductee only. In the result we do not find any merit in the appeal of the revenue and therefore same is dismissed. 08. Now coming to the appeal of the assessee in cross objection wherein ground No. 1 and ground No. 2 of the appeal , the assessee did not raise any arguments and therefore they are dismissed. 09. With respect to ground No. 3. The ground of the assessee is that the Ld. CIT appeal has not appreciated that approximately 95% certificates were produced and balan....
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....o perused the order of the Ld. assessing officer dated 24/01/2017 wherein he has worked out the tax payable by the assessee amounting to Rs. 9 256817/-. The coordinate bench has held that that interest is required to charge only from the date of default to the date on which the payee is actually paid tax. No interest beyond that date of actual payment of tax can be claimed by the Department. The assessee has submitted that a total payment of rupees on 167532578/- are covered by the CEA certificates provided at the time of assessment and wherein the return acknowledgement are provided for 87.5% of the amount and therefore the interest chargeable by the Department is nil. It was the contention of the assessee that there will be no interest li....