TaxTMI 
TaxTMI 
2022 (11) TMI 575
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.... Remaining ground of appeal read as under: "1. That on the facts and circumstances of the case, the order dated 18/10/2018 as passed by the ACIT, Centralized Processing Cells-TDS, [hereinafter referred to as "the A.O."] under section 200A/206CB of the Income-tax Act [hereinafter referred to as "the Act"] and as upheld by the Commissioner of Income-tax (Appeals)-28, New Delhi [hereinafter referred to as "the CIT(A)"] is bad at law and void ab initio. 2. That on the facts and in law, the CIT (A) erred in upholding that Appellant is in default in short deduction of TDS of Rs. 74,143. 3. Without prejudice to the Ground no 2: That on facts and on law, the CIT (A) erred in upholding Appellant is in default for short deduction of TDS of Rs....
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....treated that assssee in default under section 201(1) of the Act. Ld. AR also submitted that the claim of joint co-owner Shri Amit Kumar of the same property has been allowed by the Ld. CIT(A), Delhi -41 vide order dated 28.08.2020 pertaining to the same transaction and the revenue cannot take a different or deviated stand in the present case having similar and identical facts of the circumstances. Ld. AR submitted that in a case of non resident individual if income is less than Rs. 1 crore than the rate of surcharge applicable is 10% and since the total income of deduction which includes income from long term capital gain is less than Rs.1 crore the rate of surcharge applicable is 10% only. Ld. AR vehemently pointed out that the surcharge p....
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....amounted to Rs 16,31,146/-. However, ACIT CPC-TDS raised a demand for short deduction of tax and interest thereof amounting to Rs 74,143/-. 6.3 The appellant in his submission has stated that the demand raised by CPC is erroneous since they have applied rate of surcharge of 15% on the TDS when it should be 10% as the capital gain arising from the sale of house is less than 1 crore. In support of his contention the appellant has submitted copy of the income tax return verification form of the seller for AY 2019-20 submitted on 23.8.2019 on income tax e~filing platform. As per the form the gross total income of Shree Deep Ranjan (the seller) is Rs 71,68,248/- out of which long term capital gains amounts to Rs 67,18,881/-. CPC-TDS through th....
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....rate of ten per cent of such tax, where the income or the aggregate of such incomes 1[(including the income under the provisions of section 111A and section 112A of the Income-tax Act)] paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees; II. at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes 1 [(including the income under the provisions of section 111A and section 112A of the Income-tax Act)] paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed two crore rupees; 6.5 As per the above surcharge rates, in the case of a non-resident individual if income is less than one crore rupees th....
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....ut of transaction of sale of property to assessee is Rs. 15,44,841/- whereas the appellant has deducted total amount of Rs. 16,31,146/- which is higher than the tax liability of deductee. From page 19 the copy of Form No. 27A also show that the assessee has duly deposited TDS and also filed TDS statement for the relevant prescribed period in the prescribed form. From pages 22 to 23 that is undertaken under section 200 A / 206 CB of the Act it is also discernable that the CPC and TDS received a demand of Rs. 77,110/- being the TDS short deduction including of Rs. 74,143/- and interest of Rs. 2964/- under section 201 (1A) of the Act. From copy of the return of income available at pages 24 to 27 for assessment year 2019-20 of the seller Shri Y....