2026 (3) TMI 1410

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....r of the Learned Commissioner of Income Tax (Appeals), Delhi ['Ld. CIT(E)' for short], National Faceless Appeal Centre ("NFAC" for short) passed u/s 250 of the Income Tax Act, 1961 ('the Act'), pertaining to the Assessment Year ('A.Y.' for short) 2022-23. 2. As the facts are identical, we hereby pass a consolidated order by taking ITA No.7274/M/2025 as the lead case. 3. The assessee has raised the following grounds of appeal: "1. On the facts and in the circumstances of the case and in law, the CIT(A) has erred in upholding the impugned intimation levying interest u/s. 201(1A) of the Act, amounting to Rs. 39,24,978. 2. The CIT (A) failed to appreciate that as accepted by Tribunal in Appellant's own case, for ....

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....erest on late payment. 6. The Learned Authorized Representative ("Ld. AR" for short) for the assessee contended that the assessee had deposited and tendered the cheque on 29.04.2022 which receipt was duly stamped by the bank on the same day but due to technical glitches the payment was not reflected in the income tax portal and further since 01.05.2022 was a holiday the payment was cleared by the banker only on 02.05.2022. The Ld. AR contended that there was no delay on the part of the assessee and prayed that the interest levied be deleted as the assessee has not defaulted in the deposit of TDS which was well within the prescribed period. The Ld. AR relied on a catena of decisions. 7. The Learned Departmental Representative ("Ld. AR"....

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....heque is not dishonoured the payment would relate back to the date of receipt of cheque and not the date when it was cleared. We also draw support from the CBDT circular No.261 dated 08.08.1979 which has clarified that the date of payment would be the date on which it was presented to the bankers and further directed the banks to endorse an inward stamp of receipt as soon as the challan is tendered over the counter or to mention the date of tender and the date of realisation of the cheque. The extract of the Circular is cited herein under for ease of reference: "Circular: No. 261 [F. No. 385/61/79-IT(B)], dated 8-8-1979. Recording date of tender of cheque and date of its realisation on challans for payment of direct taxes ....