2017 (10) TMI 1240 - AT - Income Tax

Assessee in default - non deduction of tds - Held that - The assessee before AO as well as before CIT(A) claimed interest on debentures as expense and stated that the recipients parties are assessed to tax and they have included the interest accrued in their respective returns of income and therefore assessee cannot be held as assessee in default under section 201(1) and consequent interest under section 201(1A) of the Act cannot be charged. From the above facts and circumstances, we find that the TDS deducted for AY 2004-05 related to the interest accrued in FY 2000-01 and 2001-02 to these parties. The AO at least can verify this fact whether these parties i.e. the recipients have declared this interest in AY 2004-05 as claimed by assessee, he will delete the addition. - Decided in favour of assessee for statistical purposes.

Summary

Issues:
Appeals by the assessee on delay condonation and default treatment under section 201(1) and interest under section 201(1A) for AY 2001-02 & 2002-03.

Detailed Analysis:
1. Delay Condonation: The appeals by the assessee were filed 41 days beyond the deadline. The delay was attributed to the misplacement of the appellate order and lack of proper staff. The whole-time director filed an affidavit seeking condonation of delay, which was accepted by the Tribunal despite the Senior Departmental Representative failing to counter the reasons provided. The delay was condoned, and the appeals were admitted.

2. Default Treatment & Interest Charges: The core issue in both appeals was the confirmation by CIT(A) of the AO's action treating the assessee in default under section 201(1) and charging interest under section 201(1A) for AY 2001-02 & 2002-03. The assessee contended that TDS was deducted and deposited for AY 2004-05, not the relevant years under consideration. They argued that the deductee parties had paid applicable taxes and filed returns, absolving the assessee of default. The CIT(A) upheld the default treatment, stating that the interest accrued in the relevant years should have been accounted for and TDS deducted accordingly. The Tribunal noted that the interest accrued in FY 2000-01 and 2001-02 had been considered for AY 2004-05, and directed the AO to verify if the recipients had declared this interest in the correct years. The appeals were allowed for statistical purposes, and the matters were remanded to the AO for further examination.

In conclusion, the Tribunal addressed the delay condonation issue and the default treatment of the assessee under section 201(1) and interest charges under section 201(1A) for AY 2001-02 & 2002-03. The decision highlighted the importance of timely filings and proper accounting practices, directing the AO to verify the relevant interest declarations by the recipients.