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TMI Blog2015 (10) TMI 2295X X X X Extracts X X X X X X X X Extracts X X X X ..... l Government account. In our opinion, reason given by the CIT (A) cannot be faulted with. We do not find any reason to interfere with his orders.- Decided in favour of assessee. - ITA Nos. 895 & 900/Bang/2014 - - - Dated:- 11-9-2015 - Asha Vijayaraghavan, JM And Abraham P. George, AM For the Appellant : Shri Sharath Rao, CA For the Respondent : Dr P K Srihari, Addl. CIT ORDER Per Abraham P George, Accountant Member Grounds taken by Revenue in both these appeals are similar and are reproduced hereunder: 1. The CIT (A) has erred in holding that the date of payment would relate to me date of presentation of cheque, if the cheque is honoured. 2. The CIT (A) has erred in placing reliance on the CBDT Circular No, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time, viz., 7th day of the succeeding month. Assessee pointed out that payments were effected prior to the due date, either by way of electronic transfers or by way of cheques, and whenever it was by cheques, such cheques were honoured. As per the assessee, date of payment related back to the date of presentation of the cheque or its transfer by electronic mode. However, AO was not impressed. According to him, for government dues which are payable within a stipulated date, the person desiring to make the payment by means of cheque or bank draft should take suitable precaution to ensure these are received in Government account in good time. Relying on Central Government Account (Receipts and Payments) Rules, AO came to a conclusion that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of TDS deduction and remittance to Central Govt. account, therefore as per OLTAS it is charged wherever there is a delay in remittance of TDS amount to Central Government account. Reference has also been made to Rule 30 of the IT Rules to state that sums deducted should be paid within one week from the last day of the month in which deduction is made, 8. Ld. AR on the other hand has filed copy of e-payment challan receipts relating to TDS deducted and payments made showing that the all such payments were remitted online by the due dates however credited as received on the NSDL site on the next date. For example, the TDS amount of ₹ 60958,372/- u/s 192B was remitted on 5.3.2010 {due date 7.3:2010) but credited on 8.3.2010, re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to produce such challans/bank statements for verification of the remittance date. The Assessing Officer is directed to verify the challans and give credit accordingly in the light of CBDT Circular. He shall also verify the challans paid in April-May, 2009, relating to FY 2008-09 (AY 2009-10). 04. Before us, Ld. DR could not bring anything on record to show that there was any default on the part of the assessee for effecting the remittances in time. 05. Per contra Ld. AR supported the order of CIT (A). 06. We have perused the orders and heard the rival contentions. Remittance of TDS which were effected by the assessee either through e-gateways, or by cheques. These were admittedly done before the due dates. Such payments once made ..... X X X X Extracts X X X X X X X X Extracts X X X X
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