TaxTMI 
TaxTMI 
2026 (8) TMI 1821
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.... passed by the Income-tax Officer, TDS Ward-2(3)(3), Mumbai, under sections 201(1) and 201(1A) of the Act. 2. The assessee has raised the following grounds of appeal: 1. On the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) erred on facts and in law in confirming the demand of TDS amount of Rs. 3,123/- u/s 201(1) of the Income Tax Act, 1961 and interest of Rs. 2,248/- u/s 201(1A) of the Income Tax Act, 1961, when the same is clearly outside the sanction of law, illegal, unjust, invalid, bad-in-law and therefore liable to be quashed. 2. Without prejudice, on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (Appeals) erred on....
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....ation charges of Rs. 31,231/-. 4. The Assessing Officer, therefore, treated the assessee as an assessee in default and determined a liability of Rs. 3,54,257/- under section 201(1) of the Act, comprising tax of Rs. 3,51,134/- stated to have been deducted but not deposited and tax of Rs. 3,123/- stated to have not been deducted from the REC registration charges. The Assessing Officer also computed interest of Rs. 3,13,001/- under section 201(1A), comprising interest of Rs. 3,10,753/- on the tax deducted but not deposited and interest of Rs. 2,248/- in respect of the REC registration charges. The aggregate demand was thus determined at Rs. 6,67,258/-. 5. Before the learned CIT(A), the assessee contended that the tax deducted at source h....
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....as accordingly partly allowed. 7. When the appeal was called for hearing before us, none appeared on behalf of the assessee. We have, therefore, proceeded to dispose of the appeal after hearing the learned Departmental Representative (DR) and on the basis of the material available on record. The learned DR relied upon the orders of the authorities below. 8. We have considered the submissions of the learned Departmental Representative and perused the material available on record. The controversy before us concerns the subsistence of the principal liability under section 201(1), the period for which interest under section 201(1A) is chargeable, and the applicability of the TDS provisions to the REC registration charges of Rs. 31,231/-. ....
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....ned without verification of the challans and the actual dates of remittance. 11. We accordingly direct the jurisdictional TDS Assessing Officer to verify each challan furnished by the assessee and correlate it with the corresponding payment, deductee, section under which tax was deducted, amount of tax deducted and the relevant financial year. To the extent that the tax deducted at source is found to have been deposited into the Government Treasury, the corresponding principal liability under section 201(1) shall be deleted. Interest under section 201(1A) shall thereafter be recomputed, in accordance with law, only for the period commencing from the relevant statutory date and ending on the actual date of deposit of the tax into the Gove....