2017 (5) TMI 577

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....40/- raised u/s .201(1) of the I. T. Act, 1961, for short deduction/non deposit of tax. 2. Whether on the facts and in circumstances of the case and in law, the Ld.CIT (A) has justified in deleting demand of Rs. 39,79,790/- raised u/s 201(1 A) of the I.T. Act, 1961, for late deposit of tax. 3. Whether on the facts and in circumstances of the case and in law, the Ld.CIT (A) has justified in applying Board's Instruction No.5/2013 dated 08.07.2013 on the matter arising well before the date of issue of Instruction No. 5/2013." 3. Brief facts of the case are as follows: For the Assessment Year 2007-08, the Assessing Officer passed order u/s 201(1) and 201(1A) of the I.T. Act, 1961 (for short the "Act") holding, assessee as an "asses....

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....hat furnished by the bank or for that matter due to mismatch on processing of data by the computerized system in place. It is not the case of the A.O that the challan particulars mentioned in the TDS Return for the Quarter were actually not paid by the appellant being fake challans. It is not the case of the A.O that the appellant has failed to substantiate deposit of TDS from its bank statement. I am of the considered opinion that the appellant has been held liable as assessee in default merely due to technical flaws. I am convinced that the demand has been raised merely due to fault of system and in view of the CBDT's Instruction No.5/2013 dated 08.07.2013, the demand cannot be sustained. The Hon'ble Delhi High Court vide its judgm....