2023 (3) TMI 1143

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....t'), for Assessment Years 2016-17 & 2017-18. 2. The Registry has pointed out that there is a delay of eighty seven (87) days in filing of this appeal in time before the Tribunal. The assessee has filed a petition for condonation of delay stating the reasons of delay. After perusing the same, we find that the assessee was prevented by sufficient cause from filing the appeal in time before the Tribunal. Hence, the delay is condoned and the appeal is admitted. 3. On perusal of the grounds, we find that the common issue for our consideration is that whether the ld. CIT(A) has erred in sustaining the action of the ld. Assessing Officer of treating the assessee in default u/s 201(1)/201(1A) of the Act for non-deduction of tax at source u/s 194A....

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.... Banking Solution (CBS) system, it is default on part of the assessee for which the ld. AO has rightly held the assessee responsible. 5. Aggrieved, now the assessee is in appeal before the Tribunal. 6. The ld. Counsel for the assessee, took us through the relevant pages of the paper book which contains details of the 15G & 15H forms submitted by various depositors. Our attention was also drawn to the complete list of the said details of the interest paid to such depositors who have filed Form 15G & 15H. Reference was also made to page 64 of the paper book in support of the arguments that Form 15G & 15H were uploaded on the website and, there was further communication between the Income-tax Department and the assessee. Further reliance was....

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....15H on the Income Tax portal, copy of which are placed at page 64 of the paper book. But thereafter, due to technical problem, the attachments uploaded, could not be opened. The assesse bank was unable to upload it again even though it had physical copies of Form 15G & 15H, which contains details of the investors, the amount of sum given on deposit, the date of investment and period of such investments and most important in the declaration given by the depositors of not having taxable income. Copies of these Forms 15G & 15H were placed before the ld. CIT(A) also but he ignored the physical copies and pressed upon online filing of the same. 9. It is an admitted fact that the assessee has procured the Form 15G & 15H, from all those depositor....

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....on their FDs/respective withdrawals. The prime responsibility relating to TDS deduction u/s 201 is of the recipient assessee to pay the tax directly once they filed From No. 15G/15H and any tax liability will be held as pending in recipient assessee's cases and hence Section 201 of the Act cannot be invoked as it is a recovery provision as submitted by the Ld. AR. The decisions given by the Ld. AR also reiterates similar facts. Besides this, in Assessment Years 2002-03 to 2004-05, in the case of the assessee itself in the same branch, the Delhi ITAT in ITA Nos. 5992 to 5994/Del/2012 dated 4th March 2016, after following the judgment of the Jurisdictional Allahabad High Court in the case of the assessee itself, has quashed the proceeding....