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2015 (10) TMI 1505 - AT - Income TaxShort payment of TDS and/or late payment of TDS - Held that - At the time of hearing of the Departmental s appeal before us learned counsel for the assessee Shri Tapan Gupta stated that the company had filed the revised eTDS return in Form 24Q Q1 of the financial year 2007-08 for rectifying the mistakes/ errors in its original eTDS return. It was brought to our notice that post filing of said revised eTDS return, the tax demand payable by the company has become nil and there is no further tax payable by the company. A copy of status of payment of TDS traces was produced before us. Since the alternate ground raised by the assessee has not been discussed by the Commissioner of Income-tax (Appeals) or the Assessing Officer, we deem it fit in the circumstances to set aside this issue to the file of the Assessing Officer to verify whether the statement made by learned counsel before us is correct and thereafter decide the same in accordance with law.
Issues:
- Time limitation for passing orders under section 201(1)/201(1A) of the Income-tax Act, 1961. - Validity of orders passed by the Assessing Officer. - Consideration of revised eTDS return for rectifying mistakes/errors. Analysis: Issue 1: Time limitation for passing orders under section 201(1)/201(1A) of the Income-tax Act, 1961. The case involved appeals against the Commissioner of Income-tax (Appeals)'s order for the assessment year 2008-09. The appellant contended that the orders passed by the Assessing Officer on February 13, 2012, under section 201(1)/201(1A) of the Act were time-barred as per the proviso of section 201(3) of the Act. The proviso stated that orders for a financial year commencing on or before April 1, 2007, should be passed by March 31, 2011. As the orders in question related to the financial year 2007-08 and were passed after the time-barring date, the appellant argued that the orders should be considered null and void. Issue 2: Validity of orders passed by the Assessing Officer. The Commissioner of Income-tax (Appeals) agreed with the appellant's argument, holding that the orders passed by the Assessing Officer on February 13, 2012, were indeed barred by limitation as per the proviso to section 201(3) of the Act. Consequently, the Commissioner held that these orders were bad in law and annulled them. This decision was based on the clear violation of the time limitation prescribed by the Act for passing such orders. Issue 3: Consideration of revised eTDS return for rectifying mistakes/errors. During the proceedings, the appellant raised an alternate ground related to the revised eTDS return filed to rectify mistakes/errors in the original filing. The Departmental representative pointed out that this ground was not adequately considered by the Commissioner of Income-tax (Appeals). The appellant's counsel informed the Tribunal that post filing the revised eTDS return, the tax demand payable by the company became nil. As this alternate ground was not discussed by the authorities, the Tribunal decided to set aside this issue to the file of the Assessing Officer for further verification and appropriate decision in accordance with the law. In conclusion, the Revenue's appeals were allowed for statistical purposes, with the Tribunal addressing the time limitation issue, the validity of orders passed by the Assessing Officer, and the consideration of the revised eTDS return for rectifying mistakes/errors.
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