TMI Blog2015 (4) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... Year 201415. Mr. Pinto on instructions further states that once return of income has been uploaded, the RespondentRevenue could be in a position to make a statement that no penal or financial consequence would be visited upon the petitioners on account of delay in uploading the return of income for the failure of Respondent No.5 to pay the tax deducted into the treasury. Respondent No.5 states that the amount of tax deducted at source alongwith interest has already been deposited in Government Treasury and no sooner they receive Form 16A which is generated online, the same would be handed over to the petitioners. Hearing of petition to enable the petitioners to uploaded its Return of Income and enable Mr. Pinto to take instructions that no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner's repeated request that the nondeposit does cause them prejudice. 3. The petitioners are Non Residents Indians who in February 2014 alongwith another resident coowner sold immovable property to Respondent No.5 i.e. M/s. Vardhaman Developers Ltd. for a consideration of ₹ 9 Crores. M/s Vardhaman Developers Ltd. after deducting the tax at source at 20% out of the sums payable to each of the petitioners (aggregating to ₹ 1.23 Crores) paid the balance consideration to the petitioners. In terms of Section 200 of the Income Tax Act, 1961 (the 'Act') read with the Income Tax Rules, 1962, the person who deducts tax at source is required to deposit the tax deducted within 7 days of the end of the month in which the dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners to file the present petition. 5. The petition was on board on 13 February 2015 and we were shocked at the attitude of the RespondentRevenue and also the conduct of Respondent No.5 which has resulted in unnecessary harassment of the petitioners. At which time Mr. Pinto, learned Counsel appearing for respondent sought time to take instructions. This on account of the fact that we were of the view that the petitioners should not suffer in any manner for no fault of theirs. Today, Mr. Pinto on instructions states that the Respondent No.5 viz. M/s Vardhaman Developers Ltd. have already paid the tax deducted at source into the Government Treasury together with interest and the petitioners would now be able to upload their returns ..... X X X X Extracts X X X X X X X X Extracts X X X X
|