TaxTMI 
TaxTMI 
2018 (4) TMI 450
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.... as 'the assessee company') by filing the present appeals, sought to set aside the impugned orders, both dated 10.03.2016 passed by Ld. CIT(Appeals)-I, Noida qua the assessment years 2008-09 & 2010-11 respectively on the grounds inter alia that :- ITA NO.3010/DEL/2016 (AY 2008-09) "1. That on the facts and in the circumstances of the case, the Order dated 10th March, 2016 passed by the learned CIT (Appeals) confirming the action of the ACIT (TDS) in treating the Appellant as an Assessee in default under section 201(1) of the Act is bad in law. 2. That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in holding that the order dated 30th March, 2015 passed u/s 201(1)/ 201(lA) of the....
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.... GNIDA. 4(b) That the learned CIT (Appeals) erred in upholding the action of the ACIT (TDS) of levying interest under section 201(lA) of the Act for alleged non deduction of tax at source on account of rent paid to GNIDA . 5. Without prejudice to the above, the ld. CIT (Appeals) failed to appreciate that for the AY 2008-09, the liability to file tax returns and pay the taxes due on any income received from the appellant including the transmission/wheeling charges & lease rent has been discharged by the respective payees/recipients, therefore, no demand u/s201(1) of the Act can be raised." ITA NO.3011/DEL/2016 (AY 2010-11) "1. That on the facts and in the circumstances of the case, the Order dated 10th Mar....
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....non deduction of tax at source u/s. 194J of the Act from the purported amount of Rs. 16,81,36,395/- on account of transmission/ wheeling charges. 4(a) That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in treating the Appellant as an assessee in default within the meaning of section 201(1) of the Act with regard to rent paid to GNIDA. 4(b) That the learned CIT (Appeals) erred in upholding the action of the ACIT (TDS) of levying interest under section 201(lA) of the Act for alleged non deduction of tax at source on account of rent paid to GNIDA . 5. Without prejudice to the above, the ld. CIT (Appeals) failed to appreciate that for the AY 2010-11, the liability to file tax retur....
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....6/- 95 86,560/- Total tax + Interest Rs. 177,676/- For the sake of convenience, combined orders under section 201(1)/201(1A) of the I.T. Act, 1961 is passed for the assessment year 2008-09. However, notice of demand u/ 156 will be issued separately in respect for the assessment year 2008-09. " F.Y (2007-08) Total TDS u/s 201 (1) : 3617904 Total interest u/s 201(1A) : 3248110 Grand Total : 6866014" AY 2010-11 LEASE RENT PAID BUT TDS NOT DEDUCTED Financial Year Amount of Lease Rent paid to YEIDA (Rs.) Date of Payment TDS deducted (Rs.) TDS required to be deducted (Rs.) Short Deduction under section 201 Defaults Months Interest under section 201(1A) 2009-10 9,11,1....
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....ts of the ld. AR for the assessee company relied upon the orders of the lower Revenue authorities. 7. Undisputedly, the date of filing the TDS return for 4th quarter qua AYs 2008-09 and 2010-11 was 12.06.2008 and 11.06.2010 respectively. It is also not in dispute that the AO has issued letter dated 23.01.2015 for TDS verification. It is also not in dispute that though the TDS verification letter is not shown to have been issued u/s 201 of the Act but it is purportedly issued u/s 201 of the Act as the assessment order has been passed by the AO u/s 201 of the Act. 8. At the time of filing the TDS return, the relevant provisions contained u/s 201(3) of the Act in operationwere as under :- "(3) No order shall be made under sub se....
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....007-08 to 2014-15 onwards and also to provide details of TDS along with copy of challan and TDS return filed in this regard, which cannot be taken as a show-cause notice to pass an order u/s 201(3) of the Act. 12. Now, in view of the contentions raised by the ld. AR for the assessee and ld. DR for the Revenue and orders passed by the lower Revenue authorities, the sole question arises for determination in this case is :- "as to whether Finance (No.2) Act, 2014 is applicable in this case for AYs 2008-09 and 2010-11?" 13. Hon'ble jurisdictional High Court in assessee's own case for AY 2009-10 decided the issue in favour of the assessee by holding that Finance (No.2) Act, 2014 has no retrospective effect rather it is effective f....