TaxTMI 
TaxTMI 
2022 (12) TMI 1259
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.... taken the following grounds of appeal: "1. That the Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi was wrong in dismissing the Appeal filed by the Appellant against the Intimation dated 02/06/2019 issued u/s 200A for the Financial Year 2018-19 (relevant for the Assessment Year 2019- 20). 2. That without prejudice to the contention raised in Ground No. 1 above, the Commissioner of Income-tax (Appeals), NFAC, was wrong in stating in the Appellate Order that the Appeal of the appellant had allegedly related to levy of Fee u/s 234E since the Appeal had actually been against the levying of Interest of Rs.1,10,43,076 u/s 201 (1A). 3. That without prejudice to the contentions rai....
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.... 26/04/2019 02/05/2019 45521 The Authorized Bank, viz., Bank of Baroda informed the appellant subsequent to its actual tender of the TDS, that due to technical issues at the Bank, the TDS amounts could not be remitted by the Bank on or before 30/04/2019, but only on 02/05/2019 (01/05/2019 being a Holiday) they remitted the same. The concerned Authorized Bank issued 4 (four) separate certificates all dated 21/05/2019 certifying the fact of its inability to deposit the TDS amounts by the due date 30/04/2019 and it also certified that the remittance had been made on 02/05/2019. Thereafter, the appellant received an Intimation u/s 200A dated 02/06/2019 issued by the Asstt. Commissioner of Income tax, Centralized Processing Cell TDS ....
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.... the part of the appellant in depositing the TDS into the authorised collecting bank and that the one day's delay had occurred only been because of technical problem faced by the authorised collecting bank in remitting the amount to Income Tax Department, therefore, the demand of interest u/s 201(1A) r.w. section 206C(7) of the Act should be recalled. However, the ld. CIT(A) vide impugned order has dismissed the appeal of the assessee, therefore, the assessee/appellant has come in appeal before us. 4. At the outset, the ld. counsel for the assessee has brought our attention to the concluding part of the impugned order of the CIT(A) to submit that the findings of the ld. CIT(A) are totally irrelevant to the facts of the case. The ld. CIT(....
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....he assessee deductor who fails to deliver or cause to be delivered a TDS statement(s) within the time prescribed in the provisions of Section 200(3)/206C(3) of the Act, shall be liable to pay, by way of fee, a sum of Rs. 200/- for everyday during which the failure continues. It is also evident that aggrieved by the provision of Section 234E, the constitutional validity and applicability of the Section has been challenged before the various Hon'ble High Courts and finally before the Hon'ble Supreme Court who have held the provisions of Section 234E as constitutionally valid and applicable for the late filing of TDS statement(s). 5.2 As per the provisions of the Act, the assessee deductor was required to pay fee for late fili....
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....of the Income Tax Authorities. The case of the assessee is that it has deposited the TDS amount in the authorized collecting bank within the due date but it was the authorized collecting bank which due to some technical glitch could not remit the same to the account of the Income Tax Department. The concerned authorised bank has also issued a letter in this respect, the contents of which, for the sake of ready reference, are reproduced as under: BOB/INDIAE/2019/ Bank of Baroda 24-06-2019 The Assistant Commissioner of Income Tax, Centralized Processing Cell, TDS, TDS, CPC, Aaykar Bhavan, Sector -3, Vaishali, Ghaziabad, UP - 201 010. Dear Sir/ Madam, Re: Remittance of TDS on....
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....he delay and the interest payment of Rs.1,10,43,080/- be waived as advised vide TDS/1819/27Q/D/100033716735 to M/s NIC Ltd. We sincerely regret the delay. Yours faithfully, (V Sri Hari) Asst. General Manager 7. It is to be noted here that the Income Tax Department has authorized certain banks to collect TDS on their behalf. The Bank of Baroda being one of the authorized banks, thus, has acted as an agent of the Income Tax Department. In our view, the moment, the assessee deposited the TDS with the bank, the bank being an agent of the Income Tax Department, the amount is deemed to have been received by the principal i.e. Income Tax Department. The bank has issued letter in this respect that the amount w....